The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Supreme Court of Canada restores dismissal of $50 million auditor’s negligence claim due to expired limitation period

Kenneth A. Dekker

In a unanimous decision released this morning in Grant Thornton LLP v. New Brunswick, the Supreme Court of Canada restored a judgment of the New Brunswick Queen’s Bench that dismissed as statute-barred a $50 million claim brought by New Brunswick against accounting firm, Grant Thornton LLP. The claim stemmed from a loan guarantee that was given by the Province of New Brunswick that allowed the Atcon Group of Companies (“Atcon”) — a New Brunswick-based provider of construction, energy, industrial and waste management services – to borrow $50 million from the Bank of Nova Scotia in 2009. On April 24, 2009, ... [more] Full article

Superior Court refuses to certify $100 million auditor’s negligence class action

In a decision released early this year, Mr. Justice Paul Perell of the Ontario Superior Court of Justice refused to certify a proposed $100 million class action against the former ... [more] Full article

Foreign Online Trading Platforms Pay Steep Fines to OSC

The Ontario Securities Commission recently approved settlement agreements with two online trading platforms that were alleged to have contravened Ontario securities laws by engaging in unregistered selling of derivatives and ... [more] Full article

Alberta court declines to certify class action alleging negligent performance of investment advisory services

A proposed class proceeding for alleged negligent performance of investment advisory services was recently denied certification by the Court of Queen’s Bench of Alberta. In Fisher v Richardson GMP Limited, ... [more] Full article


Professional Negligence and Discipline Hearings Contributors

Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

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."

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Meredith Hayward

Meredith Hayward

Affleck Greene McMurtry LLP

Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.

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Masiel A. Matus

Masiel A. Matus

Affleck Greene McMurtry LLP

Masiel, a Partner of the firm, has a broad commercial litigation practice and represents both national and international clients in a variety of complex business matters. Masiel has expertise in cases involving shareholder disputes, contract disputes, corporate fraud, commercial leasing and real property disputes, breach of trust, professional negligence, D&O claims, and employment matters. Masiel is a tough-minded advocate dedicated to obtaining results for her clients.

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David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

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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