Profile
Ken is a skilled litigator, whose areas of interest include shareholder disputes, securities litigation, defamation, contractual disputes, injunctions, and cross-border litigation such as the enforcement of foreign judgments and foreign letters of request.
Highlights
- Acted as trial and appellate counsel before all levels of courts in Ontario, including the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, and the Supreme Court of Canada.
- Author of numerous papers.
- Worked briefly as a legal researcher with the Commission of Inquiry on Proceedings involving Guy Paul Morin, following his call to the Bar in 1998.
Practice Areas
- Civil Litigation
- Commercial Litigation
- Corporate & Commercial Litigation
- Corporate Litigation
- Employment Law
- Employment Litigation
- Enforcement of Foreign Judgments
- Foreign Law
- Injunctions
- Insurance Litigation
- Intellectual Property
- Intellectual Property Litigation
- Partnership Litigation
- Professional Malpractice Litigation
- Securities
- Securities Litigation
- Shareholder Disputes
Education and Experience
Education
- B.A., Honours in History; University of King's College, Halifax, Nova Scotia (1992)
- LL.B., Dalhousie University, Halifax, Nova Scotia (1996)
Legal Career
- Partner, Affleck Greene McMurtry LLP, 2006-Present
- Associate, Affleck Greene McMurtry LLP, 2003-2006
- Associate, Kelly Affleck Greene, 1998-2003
- Legal Researcher with the Commission of Inquiry on Proceedings involving Guy Paul Morin
- Articling Student, Blaney McMurtry Stapells Friedman, Toronto, 1996-1997
- Called to the Bar, Ontario, 1998
Professional Activities And Associations
- Member of The Canadian Bar Association
- Member of The Law Society of Upper Canada
- Member of The Advocates' Society
- Associate Member of The American Bar Association
Publications
Selected Cases
Caneast Foods Ltd. v. Lombard General Insurance Co. of Canada, [2007] O.J. No. 2556 (SCJ): Successfully obtained judgment requiring an insurer to cover its insured, a food processor, for losses it suffered as a result of the masssive blackout that hit much of Eastern Canada and the United States in August 2003.
Jedfro Investments (U.S.A.) Ltd. v. Jacyk Estate, [2006] S.C.C.A. No. 290: Successfully obtained leave to appeal to the Supreme Court of Canada on key issues of contract law, including whether failed negotiations among parties to an existing joint venture agreement can affect or destroy their existing contractual rights.
Nesbitt Burns Inc. v. Canada Trustco Mortgage Co. , [2000] O.J. No. 868 (CA): In an action for conversion of cheques bearing forged endorsements, successfully upheld a motions court decision striking out several paragraphs of a Statement of Defence that attempted to plead contributory negligence on the part of the drawer of the cheques.
M.J. Jones Inc. et al. v. Kingsway General Insurance Co. et al. , [2004] S.C.C.A. 212: Sought and obtained leave to appeal to the Supreme Court of Canada on the issue of whether Ontario courts can properly take jurisdiction over a lawyer's malpractice action relating to the alleged negligence of a foreign lawyer representing an Ontario client before a foreign court.
Webster v. Wendt (2001), 3 C.P.C. (5th) 378 (SCJ): Successfully obtained an order setting aside an arbitrator's award and ordering a new arbitration on the basis of the arbitrator's failure to adjourn an arbitration to allow all parties an opportunity to present their case and respond to their opponent's case and the resulting breach of the rules of natural justice.
Lockwood v. Nesbitt Burns Inc. , [2001] O.J. No. 2857 (SCJ): Successfully defended a claim by an investor for damages resulting from his choice to continue holding a bond that had not been sold due to a miscommunication between the investor and his broker.
365 Bay Street, Suite 200 · Toronto, Canada
416 360 2800 ·
By using this site you agree to our terms of use. Contacting us by email does not mean that the firm is acting for the person(s) who sent us an email. Person(s) do not become clients unless and until the firm agrees to act for the person and that representation will be confirmed in a retainer agreement or retainer letter, in accordance with our usual policies. Unless you are an existing client, no information provided to us in an email will be considered confidential and that information should not be sent without prior agreement.