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

Masiel A. Matus
Affleck Greene McMurtry LLP July 16th, 2019

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, the representative plaintiffs on behalf of themselves and the proposed class alleged that their investment advisor, Adam Woodward (“Woodward”), had provided unsuitable and negligent investment advice and that Woodward and his investment advisory team, Woodward Asset Management (“WAM”), had caused them capital and opportunity losses. Woodward and WAM had allegedly used a one-size-fits-all scheme and disregarded the individual circumstances of their clients. The plaintiffs also claimed that the Investment Dealer, ... [more]

Disputes over Contracts

Canada’s top court to hear contract good faith case

Kenneth A. Dekker
Affleck Greene McMurtry LLP July 3rd, 2019

Last week, the Supreme Court of Canada agreed to hear an appeal from the decision of the Court of Appeal for Ontario in the CM Callow Inc. v. Zollinger case ... [more]

Injunctions

Potential Plaintiffs Cannot Force IIROC to Give Up Information about Potential Defendants

Karen Bernofsky
Affleck Greene McMurtry LLP June 25th, 2019

In Harrington Global Opportunities Fund S.A.R.I. and Harrington Global Inc. (“Harrington”) v. Investment Industry Regulatory Organization of Canada (“IIROC”), Justice Perell largely foreclosed the possibility of wronged investors obtaining a Norwich Order in order to get information and documentation from IIROC prior to initiating an action. [more]

Securities Litigation

Big Changes Coming for “Financial Planners” and “Financial Advisors”

Karen Bernofsky
Affleck Greene McMurtry LLP June 25th, 2019

In its new budget, the Ontario government has created a framework that will hopefully give consumers more guidance about the credentials of financial professionals. [more]

Arbitration

Supreme Court Decides Businesses Cannot Be Part Of Class Action Where Arbitration Clause Exists

Annie Tayyab
Affleck Greene McMurtry LLP May 14th, 2019

In a close, 5-4 decision, the Supreme Court of Canada recently reinforced the primacy of arbitration agreements. The Court held that if businesses are parties to a standard form contract ... [more]

« Older Entries

Newer Entries »

Contributors

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.”

Contributor's Profile

66 More Posts

Jeremy Brodeur, Articling Student

Affleck Greene McMurtry LLP

Jeremy joins AGM from the University of Ottawa Faculty of Law, where he was involved in the law student union and competitive mooting. During law school, Jeremy and his team reached the semi-final round of the Vis Moot, ranking near the top of 385 law schools in the global competition. Jeremy looks forward to putting his passion for advocacy into practice at AGM.

Contributor's Profile

Superior Court refuses leave to securities class action based on the difference between “Material Facts” and “Material Changes”

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.

Contributor's Profile

3 More Posts

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.

Contributor's Profile

76 More Posts

Leandro Diaz-Matus

Affleck Greene McMurtry LLP

Contributor's Profile

1 More Posts

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.

Contributor's Profile

Fiduciary Duty for advisors not created by “Best Interest” standard alone

13 More Posts

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.

Contributor's Profile

40 More Posts

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.

Contributor's Profile

3 More Posts

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.

Contributor's Profile

33 More Posts

ALL TOPICS