Sandra Monardo
Affleck Greene McMurtry LLP September 13th, 2010

In a recent B.C. Court of Appeal decision,[1] a British Columbia lawyer has successfully challenged the constitutional validity of the non-disclosure and confidentiality provisions found in the investigative powers given the B.C. Securities Commission under the B.C. Securities Act, s.148(1),as a breach of his freedom of expression under section 2 of the Charter. Section 148(1), which is similar to section 16 of the Ontario Securities Act, prohibits disclosure by a person, except to the person’s counsel, of any information or evidence obtained or sought to be obtained or the name of any witness examined or sought to be examined in ... [more]

Are Lobbyists Citizens?

“Clarifications” from Lobbying Commissioner may prevent lobbyists from being members of political parties

W. Michael G. Osborne
Affleck Greene McMurtry LLP September 7th, 2010

“Clarifications” from Canadian Lobbying Commissioner may prevent lobbyists from being members of political parties. On August 23, 2010, the Commissioner of Lobbying of Canada Karen Shepherd issued “clarifications” on when political activities by lobbyists create a conflict of interest. Unfortunately, these clarifications lack specifics and the Commissioner’s restrictions on political activities by lobbyists remain too broad. Indeed, they may bar some lobbyists from joining political parties. [more]

Class Actions and Other Private Actions

Canadian Plaintiffs Acheive a Breakthrough in Certifying Price Fixing Class Actions

W. Michael G. Osborne
Affleck Greene McMurtry LLP August 26th, 2010

Courts in two Canadian cases have recently made it easier to certify direct and indirect-purchaser class actions seeking damages for alleged price fixing. Formerly, the difficulty of proving damages suffered ... [more]

Conspiracy

Aggregate Assessment of Damages Allows Certification of Conspiracy Class Actions, Courts Hold

W. Michael G. Osborne
Affleck Greene McMurtry LLP April 26th, 2010

In two recent decisions, the Ontario Superior Court and the British Columbia Court of Appeal relied on the aggregate damages provisions of the Class Proceedings Act in their respective provinces to certify class actions seeking damages for alleged conspiracies to fix prices for hydrogen peroxide and DRAM memory chips. In doing this, both courts side-stepped the requirement in the aggregate damages provisions that liability must be proved before damages can be assessed in the aggregate. A close examination of the decisions suggests, however, that the courts have in effect done away with this statutory requirement. [more]

Year in Review / The Litigator (Print Edition)

Competition Law Review

Christian Farahat, Jennifer Dyck, W. Michael G. Osborne and Sonny Ingram
Affleck Greene McMurtry LLP April 20th, 2010

Contributors: Michael Osborne, Sonny Ingram, Jennifer Dyck, and Christian Farahat. Review of all Canadian Competition Law developments over the last 12 months, plus some US and EU developments, including: Mergers, Criminal, Private Actions, Reviewable Matters, Marketing Practices, The Long Arm of US Antitrust, Across the Pond Top Stories

Hard time for hard core cartels
Class action requirements loosened
Suncor - Petro-Canada merger gets green light
Nadeau’s feathers ruffled by Tribunal

[more]

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Michael Binetti

Affleck Greene McMurtry LLP

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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.

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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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Affleck Greene McMurtry LLP

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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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Affleck Greene McMurtry LLP

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Affleck Greene McMurtry LLP

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

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Affleck Greene McMurtry LLP

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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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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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