Online payment company seeks resumption of banking services
B-Filer Inc. v. The Bank of Nova Scotia[1] In October 2005, the Tribunal dismissed Scotiabank’s motion for summary disposition of B-Filer’s application for leave to commence a private application. The Tribunal disagreed with Scotiabank’s contention that an Alberta court’s refusal to grant an injunction made the application res judicata. B-Filer provides an internet payment service that allows bank customers to pay internet merchants using their bank accounts. B-Filer had accounts with each of Canada’s major banks, but preferred Scotiabank because its fees were lower. In May 2005, Scotiabank closed B-Filer’s accounts because it discovered about 20 cases of frauds on ... [more] Full article
Shell corporation cannot bring application, Tribunal rule
Symbol Technologies Canada ULC v. Barcode Systems Inc.[1] A corporation that is no longer a going concern cannot maintain a private application under s. 75, the Tribunal held in October ... [more] Full article
Competition Tribunal Litigation 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.”
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.
