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  • Article

    Court Of Appeal Confirms That Insurers That Sell Insurance In Ontario Should Litigate Coverage Issues In Ontario

    In its recent decision in Vale Canada Limited v. Royal and SunAlliance Insurance Company of Canada, Ontario's top court confirmed what a layperson would think...
    CanadaInsurance
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Failure To Register Share Transfer Doesn't Mean That It Didn't Happen: Supreme Court Of Canada Denies Oppression Remedy Claim

    The Supreme Court of Canada in Mennillo v. Intramodal Inc. held that a small, closely held corporation's failure to comply with some of the requirements under the CBCA ...
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Focus Antitrust - 24 June

    The European Commission has found that two German producers of automotive parts, Eberspächer and Webasto, have breached Article 101.
    European UnionAntitrust/Competition Law
    Charles Russell Speechlys LLP
    Charles Russell Speechlys LLP
  • Article

    The Topline: Steptoe Appropriations Newsletter

    The House Appropriations Committee seems poised to stick to the FY25 budget caps set out in the McCarthy-Biden debt limit agreement from 2023.
    United StatesGovernment, Public Sector
    Steptoe LLP
    Steptoe LLP
  • Article

    Credit Card Class Actions

    The plaintiffs in these class actions claim that rules established by the Visa and MasterCard networks constitute a conspiracy to fix the fees that merchants pay, contrary to section 45 of the Competition Act.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Martin v. Alphabet: Searching For Private Enforcement At The Competition Tribunal

    Google and Apple are the targets of the first ever private claim for compensation before the Competition Tribunal, in a proposed application that raises allegations...
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    New Life For A National Securities Regulator?

    On Thursday, September 19, the Canadian government announced a new plan for national securities regulation.
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Ontario's Top Court Overturns Decision Refusing Leave To Proceed With Misrepresentation Claim Against Mining Company

    In a decision released on May 24, 2023 in Markowich v. Lundin Mining, the Court of Appeal for Ontario overturned a Superior Court of Justice decision refusing leave to proceed under Part XXIII.1 of the Securities Act ...
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Simply Creating A Website For A Business Is Not Unregistered Trading Or "An Act In Furtherance Of A Trade", Court Rules

    Mark Lowman and Dave Jarrett made a website for a new company created for a waste to energy project that planned to be listed on the stock exchange in the future.
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    B.C. Court Of Appeal Confirms That Secretly Recording Conversations With Co-Workers Can Be Just Cause For Dismissal

    In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (CanLII), the British Columbia Court of Appeal affirmed the lower court's decision that the employee's surreptitious...
    CanadaEmployment and HR
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Potential Plaintiffs Cannot Force IIROC to Give Up Information about Potential Defendants

    In Harrington Global Opportunities Fund S.A.R.I. and Harrington Global Inc. ("Harrington") v. Investment Industry Regulatory Organization of Canada, Justice Perell largely foreclosed the possibility of wronged investors ...
    CanadaFinance and Banking
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    It Has Gotten A Lot Harder To Sue The Ontario Government

    A key value in any free and democratic society is the principle that no one is above the law. In democracies, even the government can be required by the Courts to pay compensation to persons harmed by negligent or intentional government actions.
    CanadaGovernment, Public Sector
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Ontario's Mid-Election Changes To Toronto Wards Not Unconstitutional: Supreme Court

    The Supreme Court of Canada has finally weighed-in and decided that the Ontario government was within its rights to make those changes in Toronto (City) v. Ontario (Attorney General).
    CanadaGovernment, Public Sector
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Advisor's Costly Conflict: Court Upholds OSC's $500K Penalty And Industry Ban Against Advisor Who Inherited From Elderly Client

    In Marrone v Ontario Securities Commission, 2024 ONSC 4750, the Ontario Divisional Court recently upheld a 2023 decision of the Ontario Securities Commission...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Ontario's Top Court Defines "Material Change" In Securities Litigation

    In a pair of companion decisions released on May 24, 2023 the Court of Appeal for Ontario respectively overturned and upheld Superior Court of Justice decisions refusing leave to proceed...
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Tort Of Civil Fraud Requires Proof Of Inducement, Supreme Court Rules

    The Supreme Court recently redefined the requirements to establish the tort of civil fraud (or tort of deceit).
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    A New Privacy Tort In Ontario: Publicity Placing The Plaintiff In A False Light

    In December 2019, a Superior Court judge awarded damages for the first time for a new privacy tort ("Publicity which places the plaintiff in a false light in the public eye") in Yenovkian v. Gulian, 2019 ONSC 7279.
    CanadaPrivacy
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Aldo Can Sue MasterCard In Ontario, Court Rules

    A choice of forum clause will generally not be enforced against a non-party to the contract containing the clause, the Ontario Court of Appeal held recently.
    CanadaLitigation, Mediation & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    PLI PTAB Briefing Today

    For those seeking some PTAB-related CLE this month, don't miss today's one-hour briefing, entitled: PTAB 2021 – Targeting a Moving Target. Practising Law Institute is presenting the program today at 1pm (EST).
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Third Parties Cannot Challenge Merits Of Competition Settlements

    Third parties cannot challenge underlying facts
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP

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