Supreme Court of Canada refuses to hear global auditor class action certification appeal
On June 8, 2017, the Supreme Court of Canada denied leave to appeal from a decision of the Ontario Court of Appeal in Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP that certified an Ontario class action against a Canadian auditor involved in an American private placement of shares and warrants issued primarily to American investors. In refusing to hear a further appeal, despite a strongly worded dissent from Justice Robert Blair, Canada’s highest court has declined to opine on a decision that arguably sets a high water mark for when Ontario courts will take jurisdiction over a class ... [more] Full article
Court of Appeal Blurs Boundaries in Forum Selection Case
A recent decision from the Ontario Court of Appeal has international arbitrators scratching their heads as non-contracting parties to a dispute based largely in Ontario are sent to arbitration in ... [more] Full article
RoRo Price Fixing Class Action Rolls On Against Foreign Defendants
A court may hear a price fixing action against foreign defendants that never had any business presence in the jurisdiction if the defendants allegedly participated in a conspiracy that impacted the ... [more] Full article
Judges Can Sit in Other Provinces: Supreme Court
Superior Court judges can sit outside their home provinces, the Supreme Court held today. This decision will facilitate the management of national class actions and other inter-provincial litigation in Canada. The ... [more] Full article
Conflicts of Law and Enforcement of Foreign Judgments Contributors
Adam Casey
Adam’s litigation practice includes a range of matters involving civil and commercial litigation, shareholder disputes, administrative law, competition law, and insurance defence. Adam joined AGM having completed his articles at a leading international law firm and graduated from the McGill University Faculty of Law.
- Supreme Court of Canada clarifies when fraud by senior management will be attributed to a corporation
- Supreme Court of Canada affirms jurisdiction of securities commissions over out-of-province parties
- Court of Appeal Comments on Knowledge Requirement for Torts of Knowing Assistance and Knowing Receipt
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.
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.
