In two recent cases,[1] the Court of Appeal for Ontario clarified the extent of an investor’s duty to mitigate when a stockbroker fails to follow instructions. As the breach relates to the purchase or sale of marketable securities, an investor must act quickly to mitigate any losses. The investor may decide to hold a security, but he does so at his own risk. After discovering a broker’s mistake, an investor must take reasonable steps to avoid or minimize losses (e.g., re-entering the market). He cannot recover compensation for losses that could reasonably have been prevented; but, as a necessary corollary, ... [more] Full article
Contributing Authors: Kenneth A. Dekker , Paul Emerson, and Angela Yadav The future of shareholder class actions in Ontario The times are changing for shareholder class actions in Ontario. Last ... [more] Full article
Morgis v. Thomson Kernaghan & Co. (2003), 65 O.R. (3d) 321 (C.A.) In a recent decision, Ontario’s highest Court considered whether liability can be imposed on the Investment Dealers Association ... [more] Full article
THE RULE When asked to speak on the impact of technological changes taking place in the retail stock market on the "Know Your Client Rule", I was somewhat at a ... [more] Full article
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."
Peter is a widely recognized and renowned litigator with substantial expertise in high profile and complex Commercial Litigation at the trial and appellate levels. Peter acts as counsel for insurance companies on professional liability, E&O claims, Director's and Officer's liability, and surety, fidelity and dishonesty bond claims. He has particular expertise in securities litigation and Regulatory Hearing, and has acted for Canada's largest investment firms. He regularly acts as defence counsel in large Class Actions before the courts in Ontario, and before national and provincial Regulatory agencies, boards and tribunals. Peter is regularly involved in large product liability and construction contract cases involving Construction Liens or Surety Bonds.
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.
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.
Ardita Sinojmeri, Associate Lawyer at Affleck Greene McMurtry LLP, has a broad litigation practice spanning commercial litigation, securities litigation, insurance defence, employment disputes, and administrative law. She has appeared before the Ontario Superior Court of Justice and the Ontario Court of Appeal. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Before joining the firm, she was involved in initiatives supporting individuals and businesses navigating complex legal and financial challenges. She was also an Intake Coordinator for the National Canadian Lawyers’ Initiative and has authored legal scholarship, including “Spinning its Wheels: The Canadian Mining Industry’s Human Rights Failures in Guatemala” (2020) in the Mining Law, Finance & Sustainability Research Publication Series.
Chris brings a creative, strategic, and practical approach to litigation. His wide-ranging experience and expertise encompass numerous areas of law, including corporate/commercial, securities, employment, construction, product liability, asset recovery, and administrative law. Chris has represented clients as lead counsel at the Ontario Superior Court of Justice, Court of Appeal for Ontario, and Ontario Securities Commission. Beyond Ontario courts and tribunals, Chris has advocated before the Canadian International Trade Tribunal, Canada Border Services Agency, and the Federal Court of Appeal. He is proud to have acted for national and international corporations, investment dealers and advisors, insurance companies, labour unions, charities, high-net-worth individuals, and working families. Chris is also honoured to be legal counsel for the Canadian Crime Stoppers Association and Ontario Association of Crime Stoppers. He has published on the subject of informer privilege in The Advocates’ Journal and has presented at the Canadian Institute’s Law of Policing Conference. Before private practice, Chris received the John Yaremko Award in Human Rights during law school at the University of Toronto. He also mooted in French at the Laskin constitutional and administrative law competition, and his team won First Place Pair and Second Place Factum.
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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