Beware the bright line: class action put lawyers in conflict of interest
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] Full article
Win For Ford Nation: Court Finds City Had No Authority To Impose Financial Penalty
The Ontario Divisional Court set aside the decision of the Superior Court of Justice that removed Toronto Mayor Rob Ford from office for allegedly breaching the provincial Municipal Conflict of ... [more] Full article
Philthy McNasty’s case clarifies franchise limitations periods
Philthy McNasty's did not fare well when the Ontario Court of Appeal recently examined the issue of limitation periods in respect of statutory rescission claims under the Arthur Wishart Act (Franchise Disclosure), 2000 (the "Act"). [more] Full article
Wayward Fiduciary entitled to receive bonus from former Employer, says Court of Appeal
The Court of Appeal’s decision in Mady Development Corp. v. Rossetto, 2012 ONCA 31, reaffirmed the principle that equitable relief is always discretionary and fact specific. [more] Full article
Appeals and Judicial Review 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.”
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.
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.
