The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
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Competition If Necessary: Balancing Policy & Consumer Welfare in Canadian Competition Law

Litigator Authors

The United States is threatening Canada with tariffs and other protectionist policies. In this environment, it is worth considering the role of competition in Canada’s response. Competition law and policy is directed towards increasing consumer welfare through the supply of products and services at competitive prices. It is widely recognized that artificial restraints on competition reduces consumer welfare.     Tariffs are one example of an artificial restraint that reduces consumer welfare.  However, such restraints are often relied on to support other policy objectives.  There are a host of protectionist policies in Canada that protect various sectors of the economy including agriculture, ... [more]

Advisor’s Costly Conflict: Court Upholds OSC’s $500K Penalty and Industry Ban against Advisor who inherited from elderly client

Summary In Marrone v Ontario Securities Commission, 2024 ONSC 4750, the Ontario Divisional Court recently upheld a 2023 decision of the Ontario Securities Commission (OSC) sanctioning the appellant, a former ... [more]

Ontario Court of Appeal Denies Employee’s Claim for Vested Stock Units

In its recent decision in Preston v. Cervus Equipment Corporation, the Ontario Court of Appeal overturned the motion judge’s decision and found the wrongful dismissal settlement precluded the employee’s entitlement ... [more]

Supreme Court of Canada clarifies when fraud by senior management will be attributed to a corporation

In Aquino v. Bondfield Construction Co. 2024 SCC 31, the Supreme Court of Canada provided clarity about when fraud by a corporation’s directing mind can be attributed to the corporation. ... [more]

Ontario Court of Appeal upholds decision declining to enforce cryptocurrency exchange arbitration agreement as contrary to public policy

Introduction In a recent decision in Lochan v Binance Holdings Limited, the Court of Appeal for Ontario upheld a Superior Court decision declining to stay a proposed class action in ... [more]


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AGM remembers The Honourable Roy McMurtry, K.C., 1932 – 2024

The lawyers and staff of Affleck Greene McMurtry LLP send our condolences to the family ... [more]

It has a name! New Self-Regulatory Organization (finally) announces its new name

On January 1, 2023, the amalgamation of investment industry self-regulatory organizations, the Investment Industry Regulatory ... [more]

MFDA and IIROC Members vote to amalgamate and form “New SRO”

In a vote held on September 29, 2022, members of the Mutual Fund Dealers Association ... [more]

Supreme Court of Canada clarifies courts have an obligation to follow decisions of courts at the same level in most cases

The Supreme Court of Canada released a decision today (R. v. Sullivan 2022 SCC 19) ... [more]
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Contributors

Michael Binetti

Michael Binetti

Affleck Greene McMurtry LLP

Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”

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Adam Casey

Adam Casey

Affleck Greene McMurtry LLP

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.

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Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Kenneth 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 two decades, 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 Ontario Court of Justice, 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 also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, 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 has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.

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John Rook

John Rook

Affleck Greene McMurtry LLP

John F. Rook, KC, is a senior Canadian litigation lawyer with over 50 years of experience in competition law, commercial disputes, and administrative law. He is recognized as a leading competition litigator and has appeared before Canada’s Supreme Court and key tribunals.

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Ardita Sinojmeri

Ardita Sinojmeri

Affleck Greene McMurtry LLP

Ardita joins Affleck Greene McMurtry LLP as an Associate Lawyer after completing her articles with the firm. Her growing practice encompasses a broad range of litigation matters including securities litigation, insurance defence, employment disputes, and shareholder disputes. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Prior to joining the firm, she participated in a number of initiatives aimed at helping individuals and businesses struggling through COVID-19. Ardita looks forward to putting her legal, business, and community engagement skills to use in all the firm’s practice areas.

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Christopher Somerville

Christopher Somerville

Affleck Greene McMurtry LLP

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.

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David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.

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