Reasonable notice periods still not “one size fits all”
You know that “rule of thumb” of one month notice for each year of employment? The one we use as a rough guideline for getting in the ballpark when determining a reasonable notice periods? The Court of Appeal has reminded us that the “rule of thumb” may not even get you near the ballpark when dealing with senior, high salaried employees. [more]
Oppression class actions now recognized in both British Columbia and Ontario
In recent years, much attention has been paid to amendments to provincial Securities Acts across Canada that make it easier for shareholders to sue for misrepresentations by public companies in financial statements and other public documents...
During this period significantly less attention has been paid to whether shareholder class actions might be brought under another and potentially much broader statutory remedy: the oppression remedy under one of the provincial or federal business corporations statutes. However, this may be changing.
Originally published in The Lawyers Weekly. [more]
IIROC Increases mandatory arbitration award limits to $500,000
On January 14, 2010, the Investment Industry Regulatory Association of Canada (“IIROC”), the self regulatory organization (SRO) that regulates all investment dealers in Canada, enacted what is almost certain to be a major expansion of its 15-year-old mandatory arbitration program. In particular, IIROC has increased from $100,000 to $500,000 the upper limit on client claims that are required to be resolved through binding arbitration if the client requests it. [more]
Raising the AMPerage
The Spread of Administrative Monetary Penalties in Canada
AMPs have become widespread in administrative schemes in Canada because they fill a gap between traditional administrative and criminal enforcement tools. This paper explores the rationales that are behind the spread of AMPs in Canadian law. It outlines a number of AMP schemes in federal and provincial legislation. Finally, it discusses three issues that commonly arise in AMP proceedings: the availability of a due diligence defence, whether AMP provisions apply retrospectively, and interpretive difficulties raised by the novelty of language used in AMP provisions. [more]
Contributors
Michael Binetti
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.”
Jeremy Brodeur, Articling Student
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.
Adam Casey
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.
- Supreme Court of Canada clarifies when fraud by senior management will be attributed to a corporation
- Supreme Court of Canada affirms jurisdiction of securities commissions over out-of-province parties
- Court of Appeal Comments on Knowledge Requirement for Torts of Knowing Assistance and Knowing Receipt
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.
Meredith Hayward
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. Matus
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.
Ardita Sinojmeri
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.
David N. Vaillancourt
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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