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  • 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
  • Article

    Cheerios: Download A Coupon, Lose Your Right To Sue

    A New York Times article warned consumers about the contractual consequences of clicking "Like" on the Facebook page of General Mills.
    CanadaConsumer Protection
    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

    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

    Ontario's Top Court Upholds Decision Significantly Limiting Proposed Securities Class Action Against Barrick Gold

    In its decision last week in Drywall Acoustic Lathing and Insulation (Pension Fund, Local 675) v. Barrick Gold Corporation, the Court of Appeal for Ontario...
    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

    The Ontario Court Of Appeal Confirms: Independent Contractors Have A Duty To Mitigate

    In a brief new decision, Monterosso (cob Trust Leasing Canada) v Metro Freightliner Hamilton Inc, 2023 ONCA 413, the Ontario Court of Appeal has clarified the scope of the duty to mitigate for...
    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

    Superior Court Highlights How Delayed Notice Caused Prejudice To The Insurer

    In the recent decision, Furtado v. Lloyd's Underwriters, 2023 ONSC 5803, the Ontario Superior Court of Justice has provided insight on the issue of when an insured under a Directors and Officers' Liability Policy...
    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

    Fiduciary Duty For Advisors Not Created By "Best Interest" Standard Alone

    The Ontario Divisional Court recently confirmed the dismissal of a certification motion against an investment dealer and two individual advisors for breach of fiduciary duty.
    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

    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

    Supreme Court Of Canada Restores Dismissal Of $50 Million Auditor's Negligence Claim Due To Expired Limitation Period

    In a unanimous decision released this morning in Grant Thornton LLP v. New Brunswick, the Supreme Court of Canada restored a judgment of the New Brunswick Queen's Bench that dismissed as statute-barred a $50 million ...
    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

    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

    ABA/CBA Teleconference Materials 2021

    ABA/CBA Teleconference Materials 2021.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP

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