What standing does an administrative tribunal have when its decision is under review?
The Ontario Court of Appeal provided much needed guidelines on the scope of an administrative tribunal’s standing in a judicial review of its decision in Children’s Lawyer for Ontario v. David Goodis ,[1] released in April. This decision will likely have a very broad impact, given the prominence of administrative decision-makers in so many sectors of the economy. Even more recently, the Federal Court applied similar guidelines in granting only limited standing to Justice Gomery to participate in former Prime Minister Jean Chrétien ’s attempt to unseat him from the inquiry into the sponsorship scandal.[2] The Children’s Lawyer case In ... [more] Full article
Court of Appeal overturns supervising judge’s ‘pre-emptive strike’ against Stelco directors
In late March, the Ontario Court of Appeal overturned the decision of Mr. Justice Farley to remove two new directors of steelmaker, Stelco Inc., during its restructuring under the Companies’ ... [more] Full article
Essentials of Reviewable Matters
for the Ontario Bar Association (Essentials of Competition Law)
Introduction The so-called “reviewable matters”[1] are a collection of provisions in the Competition Act[2] (the “Act”) that allow the Competition Tribunal (the “Tribunal”) to order remedies for various situations that ... [more] Full article
Mediation Confidentiality At Risk?
Rudd v. Trossacs Investments Inc. [1] Last July, Justice Lederman of the Ontario Superior Court of Justice surprised many in making an exception to mediation confidentiality by ordering a mediator ... [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.
