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

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Crane Rental Operater Hoisted by Restrictive Covenants

Non-compete and non-solicit clauses are presumptively valid when connected to an agreement for purchase and sale of a business, the Supreme Court confirmed recently. While such sales may also give ... [more] Full article

Employment agency liable for not checking references

Earlier this year, the Ontario Court of Appeal affirmed a trial decision awarding damages against an employment placement agency for not checking the references of an employee who would later go on to defraud her employer of more than $263,000. [more] Full article

Keays v. Honda

Court of Appeal lessens 'whack' of trial judge's punitive damages award, though impact still felt

In March of 2006, the Ontario Superior Court of Justice awarded Kevin Keays a record $500,000 in punitive damages, in addition to 24 months pay in lieu of notice, after Honda terminated Keays' employment for frequent work absences due to chronic fatigue syndrome. On September 29, 2006, the Ontario Court of Appeal held that the punitive damages awarded by the Superior Court should be dramatically reduced from $500,000 to $100,000. The Court of Appeal otherwise dismissed Honda's appeal of the Superior Court decision and, in doing so, rejected Honda's allegations of bias against the trial judge. [more] Full article

Door left open for tort of invasion of privacy in Ontario

If someone has their privacy violated in Ontario, can they pursue a civil remedy in the Ontario courts? Does Ontario law recognise the tort of invasion of privacy? These questions were the subject of a motion brought by McDonald's Restaurants of Canada seeking to strike out a plaintiff's claim for unlawful invasion of his privacy on the basis that it disclosed no reasonable cause of action. [more] Full article