Timminco tossed by Supreme Court of Canada
August 2nd, 2012
The Supreme Court of Canada typically agrees to hear only about 10 – 15% of the cases that seek its attention. Not only does a proposed appellant need to explain ... [more] Full article
Contributor's Archive
Kenneth A. Dekker
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.
Six months’ severance is six months’ severance! Dismissed employee awarded full contractual severance, despite new job
June 29th, 2012
In its decision released on June 21, 2012 in Bowes v. Goss Power Products Ltd., 2012 ONCA 425, the Ontario Court of Appeal confirmed that where an employer has agreed to continue paying salary to a dismissed employee for a fixed period in a written employment agreement, that is the obligation and it will be enforced. [more] Full article
How high is too high? Appeal court finds that OSC penalties are not high enough to be unconstitutional
May 25th, 2012
In a decision released in March in Rowan v. Ontario Securities Commission, 2012 ONCA 208, the Ontario Court of Appeal declined to overturn on constitutional grounds the substantial penalties imposed ... [more] Full article
MFDA panel finds that branch manager might have duty to monitor non-registrants at branch
May 10th, 2012
The self regulatory organization for mutual fund dealers, the Mutual Fund Dealers Association of Canada ("MFDA"), made an interesting decision on May 8, 2012 on a motion by a branch ... [more] Full article
Mutual fund leveraging class action certified
April 25th, 2012
In a decision released in February, Ontario Superior Court Justice J. B. Shaughnessy certified a class action against mutual fund dealer Investia Financial Services Incorporated, its franchisee, Money Concepts (Barrie), ... [more] Full article
