W. Michael G. Osborne
Affleck Greene McMurtry LLP August 20th, 2013

Rogers’ advertising claims that customers of its Chatr brand experienced fewer dropped calls than customers of new entrants, including Wind Mobile and Public Mobile, were not false or misleading, the Ontario Superior Court held today in dismissing an application by the Commissioner of Competition. [more]

Table Manners – Recipes for Negotiators: #2 The Mandate

The Hon. David C. Dingwall, P.C., Q.C., ICD.D
Affleck Greene McMurtry LLP July 11th, 2013

Another integral aspect of the negotiating process is the mandate. Legal counsel as well as other individuals, often represent clients either as an individual or in a larger groups. Your mandate, or lack of mandate, can be crucial to your success, failure or to prolonging the negotiating process indefinitely. [more]

Appeals and Judicial Review

Beware the bright line: class action put lawyers in conflict of interest

Christopher Somerville
Affleck Greene McMurtry LLP July 9th, 2013

On July 5, the Supreme Court upheld its strict test for preventing conflicts of interest in the legal profession. The appellant, Canadian National Railway (CN), was a client of the respondent law firm, McKercher LLP. Then McKercher agreed to represent the plaintiff in Wallace v. Canadian National Railway, a class action against CN and other defendants for potentially $1.75 billion. CN alleged a conflict of interest and applied to remove McKercher as lawyers for the proposed class. Writing for the Court, Chief Justice McLachlin agreed that McKercher crossed the well-entrenched “bright line rule” by acting against a current client without its consent. But she did not decide whether to remove McKercher, since she recast the legal test for that remedy and sent the question back to the court of first instance for reconsideration. [more]

Corporate Litigation

Out of Time – Investment Dealer’s Claim for Indemnity against Investment Advisor Barred by Statute of Limitations

David N. Vaillancourt
Affleck Greene McMurtry LLP June 26th, 2013

The Court of Appeal has recently held that the limitation period to bring an action enforcing a contractual right to indemnity starts to run on the date that a party ... [more]

Anti-corruption

Canada Gets Tough on Foreign Corruption

W. Michael G. Osborne
Affleck Greene McMurtry LLP June 25th, 2013

Amendments to Canada’s Corruption of Foreign Public Officials Act (CFPOA) that came into force last week toughen penalties for foreign corruption.

The CPFOA makes it a crime in Canada to bribe foreign officials. Canadian companies operating abroad, particularly in emerging markets, need to be aware of the CFPOA. Key amendments include the introduction of nationality jurisdiction to the CFPOA, a new books and records offence, and increased sentences. [more]

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

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

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