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  • 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

    It’s No Lie: Supreme Court Recognizes Contractual Duty Of Good Faith

    The 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 Law
    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

    Alberta Court Declines To Certify Class Action Alleging Negligent Performance Of Investment Advisory Services

    A 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 & Arbitration
    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

    Bad News For Sports Fans Is Good News For Advertisers

    With less than a month until Super Bowl LIV, football fans are looking forward to the big game.
    CanadaMedia, Telecoms, IT, Entertainment
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Court Of Appeal Smokes Rescission Finding In Grow-Op Case

    The 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 Construction
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Competition Bureau Documents Privileged From Disclosure To Plaintiffs

    Documents 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 Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Securities Class Action: Court Of Appeal Clarifies Public Correction Requirements

    In 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 Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Copycat Class Actions Criticized

    Courts have begun to criticize plaintiff lawyers who file multiple overlapping class actions across the country.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    SCC To Consider Spoliation: Remedies For Document Destruction

    The 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 & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Superior 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 & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    GSK-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 Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Effort To Examine Competition Bureau Runs Out Of Gas At Supreme Court

    The 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 Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Supreme Court Class Action Decision In Godfrey

    This is not to say that umbrella purchasers' actions will not be complex or otherwise difficult to pursue.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    TekSavvy Claims That Bell And Rogers Abuse Their Dominant Position For Internet Services

    In a public version of its complaint to the Canadian Competition Commissioner.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP

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