Ontario Court of Appeal Affirms Employer’s Duty to Provide Honest Reasons for Dismissal
In Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Ontario Court of Appeal upheld a Superior Court of Justice decision confirming that the duty of honest performance applies to employment contracts and encompasses the employer’s duty to exercise good faith upon terminating an employee. Background The respondent, Drago Krmpotic, was employed full time as the building maintenance supervisor until his employment was terminated without notice or cause. Mr. Krmpotic worked full time for the appellant for almost 30 years. At that time, Mr. Krmpotic had been on medical leave to recover from back surgery and had returned to ... [more] Full article
The Supreme Court of Canada Provides Guidance on Interpreting Exclusion Clauses
In Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20, the Supreme Court of Canada restored an Ontario Superior Court of Justice decision concerning a dispute between ... [more] Full article
Lying to home insurer regarding living expenses leads to denial of entire claim
The Ontario Court of Appeal recently upheld a trial judge’s decision to deny a plaintiff’s entire claim under her home insurance policy. The plaintiff made a false declaration to her ... [more] Full article
Non-Competition Agreement in Dental Practice Sale is Enforceable: Court of Appeal for Ontario Provides Something to Chew On
The Court of Appeal for Ontario recently enforced a non-competition agreement that was entered into further to the sale of a dental practice in the case of Dr. C. Sims ... [more] Full article
- Ontario Court of Appeal Confirms that Refusal to Comply with Vaccination Policy Amounts to Frustration of Contract
- GAP in the Contract? COVID-19 Does Not Excuse a Tenant from Paying Rent
- Supreme Court of Canada confirms that Releases are interpreted just like any other contract
- Commercial lease not renewed in time; landlord’s silence as to deadline not bad faith
Disputes over Contracts 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.
Ardita Sinojmeri
Ardita joins Affleck Greene McMurtry LLP as an Associate Lawyer after completing her articles with the firm. Her growing practice encompasses a broad range of litigation matters including securities litigation, insurance defence, employment disputes, and shareholder disputes. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Prior to joining the firm, she participated in a number of initiatives aimed at helping individuals and businesses struggling through COVID-19. Ardita looks forward to putting her legal, business, and community engagement skills to use in all the firm’s practice areas.
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.
