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  • Article

    Banks Do Not Owe A General Duty Of Care To A Customer To Prevent "Insider Abuse"

    TD bank successfully defended an action brought against it by a customer in a Ponzi scheme case in McDonald and Dickson v. TD Bank, 2021 ONSC 3872.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Court Of Appeal Comments On Knowledge Requirement For Torts Of Knowing Assistance And Knowing Receipt

    In doing so, the Court also provided useful commentary on the fact-finding powers of a judge at a summary judgement motion.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Have Judicial Robes, Can Travel: Judges Can Sit In Other Provinces

    Judges of the Superior Court of Ontario may sit and make decisions in courtrooms in other provinces when the Ontario court has jurisdiction over the parties and issues in the proceeding, the Ontario Superior Court held recently: Parsons v. The Canadian Red Cross Society, 2013 ONSC 3053.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    "Intentional Interference With Economic Relations" Now Called "Unlawful Means Tort" – Supreme Court Of Canada Clarifies Test For Tort

    The tort of unlawful interference with economic relations has also been referred to as "interference with a trade or business by unlawful means", "intentional interference with economic relations", "causing loss by unlawful means" or as the Supreme Court of Canada decided in the case of A.I. Enterprises Ltd. v. Bram Enterprises Ltd., simply as the "unlawful means" tort.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Judges Can Sit in Other Provinces: Supreme Court

    Superior Court judges can sit outside their home provinces, the Supreme Court held today. This decision will facilitate the management of national class actions and other inter-provincial litigation in Canada.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Ontario's Top Court Considers Anti-SLAPP Legislation In A Series Of Cases

    The Ontario Court of Appeal recently released a handful of new opinions about the application of Ontario's Anti-SLAPP legislation.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Out Of Time – Investment Dealer’s Claim For Indemnity Against Investment Advisor Barred By Statute Of Limitations

    The Court of Appeal has recently held that the limitation period to bring an action enforcing a contractual right to indemnity starts to run on the date that a party has been served with a Statement of Claim in the underlying lawsuit that triggers the right to be indemnified.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Refusal To Answer Questions Lands Judgment Debtor In Jail

    Even though debtors’ prison was abolished many generations ago, judgment debtors can still land themselves in jail if they refuse to answer questions on examinations in aid of execution, also known as judgment debtor or JD exams.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Not Fully Unlimited Calling And Internet: Comwave Networks Agrees To Pay $300,000 For Making False Or Misleading Representations

    Telephone and Internet provider Comwave Networks Inc. of Toronto has agreed to pay an administrative penalty of $300,000 for false or misleading representations.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    CIRO Celebrates Pending Legislation To Enhance Its Investigative And Enforcement Powers In Ontario

    In a recent Press Release, the Canadian Investment Regulatory Organization (CIRO) has applauded the Ontario government's decision to give it what it calls the "full enforcement toolkit" of powers to investigate and bring enforcement proceedings against the individuals and firms it regulates.
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Class Curtailed – U.S Settlement Results in Significant Amendment to Class Definition in IMAX

    Plaintiff class action lawyers were unable to convince the Divisional Court to grant leave to appeal an earlier decision of the Superior Court of Justice in which Justice van Rensberg significantly reduced the size of the plaintiff class in Silver v. IMAX.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Ontario: An Arbitration-Friendly Jurisdiction, Court Of Appeal Confirms

    Ontario remains an arbitration-friendly jurisdiction, the Ontario Court of Appeal has confirmed in its recent decision in Haas v. Gunasekaram
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Demons For Negotiators

    In a legal climate that relies with growing frequency on alternative dispute resolution, a lawyer's negotiating skills are increasingly important.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    "Spirit Of Competition Law": Pubs Merger ‘Barred' Pending Fuller Investigation

    Greene King, running approximately 1,900 UK pubs, and Spirit, with a 1,200-strong leased and managed estate, notified their proposed corporate amalgamation.
    United KingdomAntitrust/Competition Law
    Charles Russell Speechlys LLP
    Charles Russell Speechlys LLP
  • Article

    Oil States Energy Services LLC v. Greene's Energy Group, LLC

    The Supreme Court has granted certiorari in Oil States Energy Services LLC v. Greene's Energy Group, LLC to examine the constitutionality of inter partes review proceedings by the United States Patent and Trademark Office.
    United StatesIntellectual Property
    Lewis Roca
    Lewis Roca
  • Article

    Ninth Circuit: Two Pro-defendant Decisions Clarify Burdens Regarding CAFA's $5 Million Jurisdictional Threshold

    Takeaway: Class defendants prefer federal court. In any putative class action filed in state court, the first issue to analyze is whether the case can be removed to federal court
    United StatesLitigation, Mediation & Arbitration
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Eastway Tank: A Stark Reminder For Officers And Directors

    On April 5, 2024, Eastway Tank, Pump & Meter Limited ("Eastway" or the "Company") and its owner and director, Neil Greene, pled guilty to charges under Ontario's Occupational Health and Safety Act ("OHSA").
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Grave Misrepresentation Leads To Injunction

    A headstone maker was recently ordered by the Nova Scotia Supreme Court to stop making false and misleading statements about a competitor who successfully brought a motion seeking injunctive relief.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Not Out Of Hot Water: Direct Energy’s Exit Does Not End Abuse Case

    The exit of a respondent in an abuse of dominance case does not mean the case cannot continue, the Competition Tribunal held recently.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Crystal Clear Contracting: The Supreme Court Clarifies The Law Of Pre And Post-incorporation Contracts

    This past Friday the Supreme Court of Canada released a rare decision touching upon a commercial contractual dispute. The decision, Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp.
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP

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