ArticleFine Print Feuds: Competition Bureau Cracks Down On Misleading AdsThe use of disclaimers in advertising raises unique competition law issues.CanadaAntitrust/Competition LawAffleck Greene McMurtry LLP
Articleiphone Competition Investigation ClosedApple'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 LawAffleck Greene McMurtry LLP
ArticleShowa Fined $13m For Auto Parts ConspiracyJapanese 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 LawAffleck Greene McMurtry LLP
ArticleIt’s No Lie: Supreme Court Recognizes Contractual Duty Of Good FaithThe Supreme Court of Canada’s decision in Bhasin v. Hrynew significantly evolves the common law of contract by recognizing a general common law duty of good faith contractual performance, and in particular a specific duty to act honestly in the performance of contractual obligations.CanadaCorporate/Commercial LawAffleck Greene McMurtry LLP
ArticleSuperior Court Certifies $1.0 Billion Foreign Exchange Price Fixing Class ActionThe 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 BankingAffleck Greene McMurtry LLP
ArticleLying To Home Insurer Regarding Living Expenses Leads To Denial Of Entire ClaimThe 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...CanadaInsuranceAffleck Greene McMurtry LLP
ArticleAlberta Court Declines To Certify Class Action Alleging Negligent Performance Of Investment Advisory ServicesA proposed class proceeding for alleged negligent performance of investment advisory services was recently denied certification by the Court of Queen's Bench of Alberta.CanadaLitigation, Mediation & ArbitrationAffleck Greene McMurtry LLP
ArticleOntario Action Dismissed For Lack Of Jurisdiction Despite Expiry Of Limitation Period In Proper ForumAn 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 & ArbitrationAffleck Greene McMurtry LLP
ArticleOpen Courts Principle Trumps Speculative Concerns Over Physical HarmThe sealed court files related to applications brought for the appointment of their estate trustees.CanadaLitigation, Mediation & ArbitrationAffleck Greene McMurtry LLP
ArticleBad News For Sports Fans Is Good News For AdvertisersWith less than a month until Super Bowl LIV, football fans are looking forward to the big game. CanadaMedia, Telecoms, IT, EntertainmentAffleck Greene McMurtry LLP
ArticleCourt Of Appeal Smokes Rescission Finding In Grow-Op CaseThe Court of Appeal for Ontario recently rejected a home buyer's attempt to rescind a real estate deal on the grounds that the house in question had previously been used as a marijuana grow-op.CanadaReal Estate and ConstructionAffleck Greene McMurtry LLP
ArticleCompetition Bureau Documents Privileged From Disclosure To PlaintiffsDocuments and information that the Competition Bureau collects from third parties during its investigations are protected by public interest privilege from disclosure to plaintiffs in private actions, the BC Supreme Court has ruled.CanadaAntitrust/Competition LawAffleck Greene McMurtry LLP
ArticleSecurities Class Action: Court Of Appeal Clarifies Public Correction RequirementsIn a decision released early this month in Terry Longhair Professional Corporation v. Akumin Inc., Ontario's Court of Appeal upheld the decision of Madam Justice Akbarali...CanadaCorporate/Commercial LawAffleck Greene McMurtry LLP
ArticleCopycat Class Actions CriticizedCourts have begun to criticize plaintiff lawyers who file multiple overlapping class actions across the country. CanadaLitigation, Mediation & ArbitrationAffleck Greene McMurtry LLP
ArticleSCC To Consider Spoliation: Remedies For Document DestructionThe Supreme Court of Canada granted leave in a case that could clarify spoliation remedies, and particularly where a party destroys or refuses to produce documents relevant to damages.CanadaLitigation, Mediation & ArbitrationAffleck Greene McMurtry LLP
ArticleSuperior Court Decision Refuses Leave To Proceed For A Securities Class Action Based On The Difference Between "Material Facts" And "Material Changes"In a recent decision declining to grant leave under Part XXIII.1 of the Securities Act to proceed with a proposed class action on behalf of purchasers of securities on the secondary...CanadaLitigation, Mediation & ArbitrationAffleck Greene McMurtry LLP
ArticleGSK-Novatis Transaction Approved In Canada Based On Commitments In EU And US proposed transaction between two multinational pharmaceutical and consumer healthcare product companies, GlaxoSmithKline (GSK) and Novartis was recently given the go-ahead by the Competition Bureau.CanadaAntitrust/Competition LawAffleck Greene McMurtry LLP
ArticleEffort To Examine Competition Bureau Runs Out Of Gas At Supreme CourtThe Crown, including the Competition Bureau and its investigators, is immune from examinations for discovery in litigation in which it is not a party, the Supreme Court of Canada held.CanadaAntitrust/Competition LawAffleck Greene McMurtry LLP
ArticleSupreme Court Class Action Decision In GodfreyThis is not to say that umbrella purchasers' actions will not be complex or otherwise difficult to pursue.CanadaAntitrust/Competition LawAffleck Greene McMurtry LLP
ArticleTekSavvy Claims That Bell And Rogers Abuse Their Dominant Position For Internet ServicesIn a public version of its complaint to the Canadian Competition Commissioner.CanadaAntitrust/Competition LawAffleck Greene McMurtry LLP