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  • Article

    Ontario Superior Court Of Justice Clarifies When Individual Claims Can Be Maintained Alongside A Pending Class Action

    A recent ruling of the Ontario Superior Court of Justice provides clarification about when an individual action should be allowed to continue, despite the presence of pending class actions that address the same issues.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Showa Fined $13m For Auto Parts Conspiracy

    Japanese auto parts maker Showa Corporation has been fined $13 million after admitting to participating in an international conspiracy to rig bids for electronic power steering gears.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Can An Opinion Be A Misrepresentation? It Depends On What You Include In It. How Misrepresentations Made In Opinions Are Treated Under S. 138.3 Of The Securities Act

    The defendants had also argued that there could not have been a correction of a misrepresentation because the original July 26, 2012 statement was a legal opinion and not a misrepresentation.
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    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...
    CanadaEmployment and HR
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Superior Court Certifies $1.0 Billion Foreign Exchange Price Fixing Class Action

    The FX Market, which operates 24 hours a day around the world, generally involved "over-the-counter" transactions between purchasers and one of the Defendants acting as a dealer.
    CanadaFinance and Banking
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • 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 insurer relating to additional...
    CanadaInsurance
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Ontario Action Dismissed For Lack Of Jurisdiction Despite Expiry Of Limitation Period In Proper Forum

    An Ontario man who suffered catastrophic injuries after being hit by a car in Michigan has had his Ontario action dismissed for want of jurisdiction.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Open Courts Principle Trumps Speculative Concerns Over Physical Harm

    The sealed court files related to applications brought for the appointment of their estate trustees.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Supreme Court Of Canada Confirms That Releases Are Interpreted Just Like Any Other Contract

    In a decision released today, July 23, 2021, in Corner Brook (City) v. Bailey, a unanimous Supreme Court of Canada overturned a decision of the Court of Appeal for Newfoundland and Labrador and restored a stay of ..
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Zoom Bombing Of An Ontario Trial Shows The Need For Caution When Conducting Hearings Online

    Over the course of almost a year of Covid-19, Ontario's court system has made a monumental shift from in-person hearings and trials to virtual appearances.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Mitsubishi Electric Auto Parts Fine Brings Total to $84M

    Japanese auto parts manufacturer Mitsubishi Electric has been fined $13.4 million after pleading guilty to participating in illegal agreements with industry competitors ...
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Ontario's Top Court Affirms Denial Of Leave To Amend Claim In Secondary Market Misrepresentation Class Action

    The requirement for leave of the court in order to proceed with secondary market claims under Part XXIII.1 of the Securities Act continues to evolve and be the subject of extensive judicial commentary almost ten years after it came into force. In facilitating class actions by purchasers of securities on the secondary market, Part XXIII
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Supreme Court Of Canada Agrees To Hear Appeal Of Decision Allowing Creditors To Recover From The Directing Mind Of A Bankrupt Corporation

    In Ernst & Young Inc. v Aquino (2022 ONCA 202), the Ontario Court of Appeal upheld a lower court's ruling that the controlling mind of a bankrupt corporation can be held liable to the corporation's creditors for money taken from the corporation by fraud before the corporation became insolvent.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Has The OSC's "Special Treatment" By Appeal Courts Come To An End?

    Appeals are usually an uphill battle for the party that loses at trial, but for more than two decades the hill has been even steeper for losing parties before the Ontario Securities Commission (OSC)
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    The Litigator - September 2018

    Shortly after his election in June 2018, Ontario Premier Doug Ford convinced his colleagues in the Ontario Legislature to pass Bill 5, a law reducing the size of Toronto City Council from 47 wards to 25 to match Provincial and Federal ridings.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Competition If Necessary: Balancing Policy & Consumer Welfare In Canadian Competition Law

    The United States is threatening Canada with tariffs and other protectionist policies. In this environment, it is worth considering the role of competition in Canada's response.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Fine Print Feuds: Competition Bureau Cracks Down On Misleading Ads

    The use of disclaimers in advertising raises unique competition law issues.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    iphone Competition Investigation Closed

    Apple's iPhone smartphone enjoys market power, but terms imposed by Apple on wireless carriers did not harm competition, the Competition Bureau concluded recently.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Showa Fined $13m For Auto Parts Conspiracy

    Japanese auto parts maker Showa Corporation has been fined $13 million after admitting to participating in an international conspiracy to rig bids for electronic power steering gears.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Why Car Rentals Cost More Than Advertised: Avis And Budget Taken To Task By Competition Bureau

    Canada's Competition Bureau is accusing Avis and Budget of misleading consumers into thinking their rental car prices are lower than they actually are.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP

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