How Serious Must a Breach of Privacy be to Certify a Class Action?
In 2012, the Ontario Court of Appeal changed the face of privacy law in Ontario by creating a tort called “intrusion upon seclusion”. The tort, set out in the decision of Jones v. Tsige, 2012 ONCA 32 (“Jones”), was developed to address a serious breach of privacy by the Defendant, Tsige. Tsige worked at a bank and used her position at the bank to access Jones’ banking records because Jones was in a relationship with Tsige’s ex-husband. In order to remedy these serious and repeated breaches of Jones’ privacy, the Court awarded Jones $10,000 while noting that these intrusion upon ... [more] Full article
Two’s Company; Three’s A Crowd – Competition Tribunal Okays Vancouver Airport Authority’s Ability to Limit Number of In-Flight Caterers
The Canadian Competition Tribunal released a summary of its decision in The Commissioner of Competition v. Vancouver Airport Authority where it dismissed an application brought by the Commissioner of Competition ... [more] Full article
Competition Bureau Seeks Intel on Anti-Competitive Conduct in the Digital Economy
Canada’s Competition Bureau has put out a call for information on alleged anti-competitive conduct in the digital economy. The Bureau wants to know about strategies that firms may use to hinder ... [more] Full article
Not Disclosing Additional Fees Triggers $4.5 Million Fine for Ticketmaster
Ticketmaster L.L.C., TNow Entertainment Group, Inc. and Ticketmaster Canada LP have settled the lawsuit brought by the Canadian Competition Bureau that alleged that Ticketmaster’s advertised prices were deceptive because consumers ... [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.
