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

Banks Do Not Owe A General Duty Of Care To A Customer To Prevent “Insider Abuse”

David N. Vaillancourt

TD bank successfully defended an action brought against it by a customer in a Ponzi scheme case in McDonald and Dickson v. TD Bank, 2021 ONSC 3872. The result came after a 43 day trial before Justice Conway in Toronto on the Commercial List. This case is important in setting out the scope of a bank’s obligations to a client who has been defrauded by an insider of the client. SIB was an offshore bank operating in Antigua. It was solely owned by Allen Stanford. TD was the primary domestic correspondent bank for SIB for 18 years, offering on-shore US ... [more] Full article

Superior Court Certifies $1.0 Billion Foreign Exchange Price Fixing Class Action

In his decision released earlier this Spring, Ontario Superior Court Justice Paul Perell certified a class action in Mancinelli v. Royal Bank of Canada claiming $1.0 Billion in damages against ... [more] Full article

Privacy law does not shield judgment debtors

The recent Supreme Court decision in Royal Bank of Canada v. Trang has provided important guidance on how Canada’s federal privacy legislation, the Personal Information Protection and Electronic Documents Act ... [more] Full article

After the Storm: only CIBC and IMAX class actions survive

In Ontario, the last four years have been overcast for securities class actions. The clouds lifted last week, when the Supreme Court clarified a critical limitation period by overturning the ... [more] Full article


Banking Litigation Contributors

Meredith Hayward

Meredith Hayward

Affleck Greene McMurtry LLP

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.

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Christopher Somerville

Christopher Somerville

Affleck Greene McMurtry LLP

Chris brings a creative, strategic, and practical approach to litigation. His wide-ranging experience and expertise encompass numerous areas of law, including corporate/commercial, securities, employment, construction, product liability, asset recovery, and administrative law. Chris has represented clients as lead counsel at the Ontario Superior Court of Justice, Court of Appeal for Ontario, and Ontario Securities Commission. Beyond Ontario courts and tribunals, Chris has advocated before the Canadian International Trade Tribunal, Canada Border Services Agency, and the Federal Court of Appeal. He is proud to have acted for national and international corporations, investment dealers and advisors, insurance companies, labour unions, charities, high-net-worth individuals, and working families. Chris is also honoured to be legal counsel for the Canadian Crime Stoppers Association and Ontario Association of Crime Stoppers. He has published on the subject of informer privilege in The Advocates’ Journal and has presented at the Canadian Institute’s Law of Policing Conference. Before private practice, Chris received the John Yaremko Award in Human Rights during law school at the University of Toronto. He also mooted in French at the Laskin constitutional and administrative law competition, and his team won First Place Pair and Second Place Factum.

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David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David is a determined and committed advocate for his clients. David has extensive courtroom experience, having successfully appeared as lead counsel in trials, hearings, motions, and appeals. David is also a skillful negotiator, having successfully negotiated the resolution of numerous cases. David is ranked as a leading practitioner in competition law by both Lexpert and Who’s Who Legal, and has been recognized by Best Lawyers for his expertise in corporate and commercial litigation, and competition law. David is also rated as AV Preeminent by Martindale-Hubbell (the highest rating possible), with his peers at competitor law firms noting that David is an “excellent lawyer and advocate”, he is “diligent and creative in his approach”, and “is capable of taking charge in the largest commercial and insurance claims”. David has a broad practice in commercial litigation, insurance law, and competition law.

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