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  • Article

    Court Of Appeal Clarifies Meaning Of Public Correction In Upholding Decision Allowing Securities Class Action To Proceed

    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 certifying...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Ontario Court Of Appeal Denies Employee's Claim For Vested Stock Units

    In its recent decision in Preston v. Cervus Equipment Corporation, the Ontario Court of Appeal overturned the motion judge's decision and found the wrongful dismissal...
    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
  • Video

    Anheuser-Busch Lays Claim To "Natty" For Beer But What About "Natty Boh"? (Video Content)

    The latest "brewhaha" over trademark bullying erupted last month when Anheuser-Busch opposed the trademark application for NATTY GREENE’S.
    United StatesIntellectual Property
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    A Handy Guide To Oil States, The Case That Has Captivated The Patent Community

    What is at issue in Oil States Energy Services LLC v. Greene's Energy Group LLC? The constitutionality of inter partes review proceedings.
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner 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

    Supreme Court Of Canada (Partially) Upholds Judgment Against Former Livent Auditor

    On December 20, Canada's highest court released a hotly anticipated decision that is almost certainly the final act in the more than 20 year saga of a formerly pre-eminent theater company...
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Canada's Top Court Dismisses Video Lottery Class Action And Eliminates Waiver Of Tort For Class Actions

    In late July the Supreme Court of Canada issued a somewhat unexpected decision in a closely-watched class action about video lottery terminals ("VLT"). The decision, Atlantic Lottery Corp. v. Babstock...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    I Will Drink To That

    In 2015, brewing giant Greene King took over ownership of the Spirit Pub Company (Spirit), including its 16,000 workers, the majority of whom were, and are, engaged under zero hours contracts
    United KingdomEmployment and HR
    Dentons
    Dentons
  • Article

    Real Estate Wars: Canada’s Competition Tribunal Rejects Attack on Toronto Real Estate Board’s MLS

    In a much-anticipated decision, the Competition Tribunal rejected the Competition Commissioner’s application to force The Toronto Real Estate Board (TREB) to relax its rules surrounding how Multiple Listing Service (MLS) information was used by real estate agents. The Tribunal also ordered the Commissioner to pay TREB’s costs.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Avis And Budget Agree To Pay $3m To Settle Drip Pricing Case

    Car rental companies Aviscar Inc. and Budgetcar Inc. have agreed to pay a $3 million administrative monetary penalty to settle allegations by the Competition Bureau that they misled consumers into thinking that their rental car prices were lower than they actually were.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Bureau Knocks Bauer’s Helmet Claims

    Hockey equipment manufacturer Bauer has agreed to stop making claims about its RE-AKT helmets that the Competition Bureau says create the impression that the helmets can protect players from concussions.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    South American Airline Pleads Guilty To Price Fixing

    LATAM Airlines Group S.A., the parent company of LAN Cargo S.A., has pleaded guilty to participating in a conspiracy to fix fuel surcharges imposed on international air cargo shipments to and from Canada and was fined $975,000, the Competition Bureau announced.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Allied Nevada Plaintiffs Denied Leave To Advance Securities Act Claims Against Underwriters

    In a recent decision, Ontario Superior Court Justice Edward P. Belobaba found that two investment dealers are not experts under the Ontario Securities Act – and they couldn't be happier about it.
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Lies By Omission: When Silence Will Breach A Duty Of Honest Performance Of A Contract

    In C.M. Callow Inc. v. Zollinger, 2020 SCC 45, the Supreme Court of Canada clarified the scope of the duty of good faith in the performance of contracts.
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Shotgun Clause Robs Shareholders Of $750k

    In 2007, JEL Investments Ltd. entered into a joint venture with Boxer Capital Corporation and Yanco Management Ltd.
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Supreme Court Explains Duty To Exercise Contractual Discretion In Good Faith

    In a highly anticipated decision, which took over a year to release, the Supreme Court of Canada clarified the parameters of the duty to exercise contractual discretion in good faith in Wastech...
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Deterrence Main Objective Behind Three Year Corruption Sentence

    Deterrence and denunciation of bribery of foreign public officials were at the fore as a judge sentenced Ottawa businessman Nazir Karigar to three years in jail.
    CanadaCriminal Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Court Of Appeal To Revisit Employee's Right To Wrongful Dismissal Damages Regarding Shareholdings

    Canada's highest court has recently remanded a case back to the Ontario Court of Appeal for disposition dealing with an employee's entitlement to damages relating to his ...
    CanadaEmployment and HR
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Sexual Harassment And Failure To Accept Employer's Disciplinary Measures Is Cause For Termination

    An employer has just cause to terminate an employee for inappropriate, sexually harassing comments and refusing to apologize, the Ontario Court of Appeal recently held.
    CanadaEmployment and HR
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP

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