Court throws the book at “Yellow Page” business directory scam
Four closely related companies operating a business directory scam were ordered to pay an administrative monetary penalty (“AMP”) of $8 million as well as pay restitution to everyone who paid them any money. Two individuals behind the companies were ordered to pay AMPs of $500,000 each, and a third individual was ordered to pay $35,000. These are the largest AMPs ordered to date in contested proceedings. The case establishes two important principles: Most communications between businesses and their customers, even invoices, will be considered “representations” that are subject to the Competition Act’s misleading advertising regime. Businesses cannot mislead consumers in ... [more] Full article
Bureau can share information with foreign authorities, judge rules
Pre-trial rulings in the Competition Bureau's prosecution of David Stucky for an alleged lottery participations and prize promotions scam have held that the Bureau can share information obtained from search warrants with foreign competition authorities, and that public interest privilege cannot be established on a class basis. [more] Full article
The Sears decision: much needed clarification or just spinning our wheels?
On January 24, 2005 , the Competition Tribunal determined that Sears Canada Inc. violated the ordinary selling price provisions of the Competition Act (subsection 74.01(3)).[1] In light of the recent ... [more] Full article
Marketing Practices and Telemarketing 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.
