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

The Supreme Court of Canada Provides Guidance on Interpreting Exclusion Clauses

Jeanette Saliba

In Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20, the Supreme Court of Canada restored an Ontario Superior Court of Justice decision concerning a dispute between a buyer and seller regarding the specific composition of topsoil. The buyer assumed the risk when purchasing the topsoil without testing it and the exclusion clause agreed upon by the parties intended to protect the seller from liability. In making its decision, the Supreme Court of Canada shed light on the interpretation of exclusion clauses and provided clarity for parties seeking to contract out of a statutorily implied condition under ... [more] Full article

Supreme Court of Canada clarifies the law of tort for pure economic losses and highlights the necessity of contracts

In 1688782 Ontario Inc. v. Maple Leaf Foods Inc. 2020 SCC 35, the Supreme Court of Canada concluded that franchisees could not make a claim against a supplier, Maple Leaf ... [more] Full article

Cheerios: Download a coupon, lose your right to sue

A recent New York Times article warned consumers that by clicking "Like" on the Facebook page of General Mills, the maker of Cheerios and other products, they would be agreeing to limit themselves to resolve disputes with the company through informal emails or binding arbitration. [more] Full article


Products Liability Contributors

Michael Binetti

Michael Binetti

Affleck Greene McMurtry LLP

Michael Binetti*, Managing Partner of Affleck Greene McMurtry LLP, brings a wealth of litigation experience, with extensive expertise in both trials and appeals. Known for his strategic legal acumen, Michael has consistently demonstrated his ability to navigate complex cases and deliver successful outcomes across a wide range of litigation areas. Peers and clients alike praise Michael as an “excellent and creative lawyer” who “finds unique solutions to complex problems” and “knows how to win.” Recognized for his dedication and professionalism, he is described as a “strong advocate who always looks out for the best interests of his clients” and provides “timely, honest, and extremely valuable counsel.” Michael’s reputation for excellence is underscored by his inclusion in ranking services such as Best Lawyers, Lexology, and Lexpert.

Contributor's Profile

Jeanette Saliba

Jeanette Saliba

Affleck Greene McMurtry LLP

Jeanette joins Affleck Greene McMurtry LLP from Osgoode Hall Law School. Throughout law school, she participated in various moots and was part of the oral advocacy club. During her education, she strived to assist entrepreneurs in the business law clinic. Prior to starting her articles, she gained experience conducting hearings for Small Claims Court matters. Jeanette looks forward to putting her business skills and passion for advocacy to use in the firm’s practice areas.

Contributor's Profile