The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

dealer


 

Court of Appeal Comments on Knowledge Requirement for Torts of Knowing Assistance and Knowing Receipt

In Quantum Dealer Financial Corporation v Toronto Fine Cars and Leasing Inc 2023 ONCA 256, the Court of Appeal provided insight on the factual record required to find strangers to ... [more] Full article

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

The Ontario Divisional Court recently confirmed the dismissal of a certification motion against an investment dealer and two individual advisors for breach of fiduciary duty.   In Boal v. International Capital ... [more] Full article

No cause of action for third party claims against solicitors when negligent advice given about mitigation, Ontario Court of Appeal rules

In its decision released last Fall in Davy Estate v. CIBC World Markets Inc. , the Ontario Court of Appeal affirmed an Ontario Superior Court order striking out a third party claim in which the defendant had tried to sue the plaintiff’s lawyer. The third party claim had alleged that the plaintiff’s lawyer had given the plaintiff bad advice on the mitigation of her damages. In addition to finding that the third party claim against the plaintiff’s lawyer could not succeed at law, the Court of Appeal also cited policy reasons against permitting one party to sue another party’s lawyer for alleged negligence; noting that such claims undermine a lawyer’s loyalty to their client and invade the sanctity of the lawyer-client relationship. [more] Full article

Whose book of business is it, anyway?

Confusion reigns on “ownership” of investment firm clients

There are few, if any, legal issues affecting the investment industry that are more cloudy and less certain than whether investment firm clients belong to the investment advisor or to ... [more] Full article