In a decisive ruling, Lochan v Binance Holdings Ltd., the Ontario Superior Court reinforced its judicial authority over global arbitration forums, and granted an anti-suit injunction to stop Hong Kong arbitration proceedings that an affiliate of the defendants to an Ontario class action commenced against the representative plaintiffs. This decision underlines the Court’s distaste for the use of arbitration clauses to foreclose plaintiffs from pursuing their claims by trying to force them to bring costly and difficult arbitration proceedings in a foreign jurisdiction and foreclose access to justice through class proceedings. In the words of Justice Morgan: “The pending arbitration ... [more] Full article
Foreign parties often assume that if their contract points to a foreign jurisdiction or applies a foreign law, then any dispute should be dealt with there. But the Court of ... [more] Full article
In Sharp v Autorité des marchés financiers, 2023 SCC 29, the Supreme Court of Canada provided further guidance about when provincial schemes to regulate securities can apply to individuals outside ... [more] Full article
In its recent decision in Vale Canada Limited v. Royal and SunAlliance Insurance Company of Canada, Ontario’s top court confirmed what a layperson would think to be obvious: that an insurer ... [more] Full article
Adam’s litigation practice includes a range of matters involving civil and commercial litigation, shareholder disputes, administrative law, competition law, and insurance defence. Adam joined AGM having completed his articles at a leading international law firm and graduated from the McGill University Faculty of Law.
Ken Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. Over more than 25 years, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken has also represented and advised clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA), both of which are now known as the Canadian Investment Regulatory Organization (CIRO). Ken has also represented clients before the Ontario Securities Commission (OSC), the Financial Planning Canada Standards Council (FPCSC), and the CPA Ontario Tribunal. Ken has been ranked for Corporate and Commercial Litigation by Best Lawyers of Canada, for Securities Litigation by Lexpert, and he has been given the highest available rating of AV, or pre-eminent, by his peers on "Martindale-Hubbell."
David is a determined and committed advocate for his clients. David has extensive courtroom experience, having successfully appeared as lead counsel in trials, hearings, motions, and appeals. David is also a skillful negotiator, having successfully negotiated the resolution of numerous cases. David is ranked as a leading practitioner in competition law by both Lexpert and Who’s Who Legal, and has been recognized by Best Lawyers for his expertise in corporate and commercial litigation, and competition law. David is also rated as AV Preeminent by Martindale-Hubbell (the highest rating possible), with his peers at competitor law firms noting that David is an “excellent lawyer and advocate”, he is “diligent and creative in his approach”, and “is capable of taking charge in the largest commercial and insurance claims”. David has a broad practice in commercial litigation, insurance law, and competition law.
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