Aircraft part maker merger cleared
The Competition Bureau announced on July 26, 2012, that it would allow United Technology Corporation to buy Goodrich Corporation. Both UTC and Goodrich make parts for aircraft, and the Bureau’s analysis found that overlap between the two companies would lessen competition in markets for electrical generators and engine controls. However, UTC and Goodrich agreed with US and EU competition authorities to divest certain electrical generator and engine control manufacturing in the US, Europe, and Canada. The remedies obtained by the US and EU authorities were sufficient, in the Bureau’s view. UTC owns a number of companies that are household names, ... [more] Full article
Heated water battle clarifies consumer protection law
The Ontario Court of Appeal gave the Consumer Protection Act a pro-consumer interpretation in Weller v. Reliance Home Comfort Limited Partnership,[2] but the “consumer” who brought the Application still lost. Under the Act, judges can bind consumers to contracts that fall short of consumer protection requirements, if annulling the contracts would be unjust. [more] Full article
Mandatory Retirement for Law Firm Partners Upheld
Partners of limited liability partnerships are partners, not employees of the firm, the BC Court of Appeal ruled on July 19. Provisions in human rights legislation prohibiting discrimination in relation ... [more] Full article
Competition Bureau Cleans Up Montreal Sewer Conspiracy
The Competition Bureau's clean-up of the Montreal sewer bid-rigging conspiracy continued with the announcement that a second company and one of its executives pleaded guilty. [more] Full article
Developments 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.”
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.
Meredith Hayward
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.
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.
