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Affleck Green McMurtry LLP | Barristers

Michael I. Binetti

Michael I. Binetti

Michael I. Binetti

Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation, including business and construction disputes, fraud, employment law, competition investigations, private competition actions, elections law and dealing with municipal and government regulators.

Highlights

  • Acts as trial and appellate counsel before the Ontario Superior Court of Justice, Divisional Court, and Court of Appeal
  • Acts for a variety of companies subject to competition enforcement, including global auto manufacturers, engineering services firms, real estate professionals, and the construction industry
  • Advises on fair business practices, including advertising, marketing, and avoiding deceptive marketing practices; represents businesses in advertising and marketing-related investigations and prosecutions
  • Advises employers and employees regarding termination of employment and severance
  • Acts for franchisors and franchisees in franchise disputes
  • Acts for product manufacturers and insurers in product liability cases
  • Acts for various companies dealing with internal and external fraud
  • Acts for politicians, companies and individuals interacting with government in respect of judicial review applications, elections law, integrity investigations, lobbyist registrations, and enforcement of municipal by-laws
  • Acts for brokerage houses, brokers, and clients in brokerage/securities disputes
  • Acts for construction companies and contractors in construction lien disputes
  • Acts for landowners in disputes regarding rights-of-way, easements, and land use planning
  • Acts for lawyers in professional negligence actions and duty counsel for Law Society of Upper Canada disciplinary hearings
  • Trustee, Toronto Lawyers Association
  • Active member of the Canadian Bar Association's Competition Law Section
  • Martindale-Hubbell Client Review Rated Lawyer of Preeminent 5.0 out of 5 as of March 2014.
  • Frequent contributor to The Litigator and listed as a "Very Popular" author for Class Action and Telecom-related analysis and commentary by Mondaq.com.
  • Studied in the French Common Law Section at the University of Ottawa Faculty of Law. Fluent in English, French, and Italian.
  • Join me on LinkedIn

Advertising Standards Canada Member

View Michael's most recent publications

Practice Areas

  • Corporate and Commercial Litigation
  • Competition Law
  • Class Action Defence
  • Regulatory and Administrative Law

Other Practice Areas

Show More Practice Areas
  • Advertising & Marketing Practices
  • Civil Litigation
  • Class Action Plaintiff
  • Class Actions
  • Employment Law
  • Franchise Litigation
  • Fraud, Misrepresentations, Deceit
  • General Litigation
  • Injunctions
  • Inquests
  • Libel & Slander
  • Libel & Slander Litigation
  • Mass Torts
  • Partnership Litigation
  • Professional Discipline Law
  • Professional Regulation
  • Shareholder Disputes
  • Tribunal Hearings
  • Wrongful Dismissal

Industries

  • Banking
  • Construction
  • Franchising
  • Insurance
  • Manufacturing
  • Public Office Holders
  • Real Estate
  • Retail
  • Securities
  • Transportation

Experience

  • Partner, Affleck Greene McMurtry LLP, 2013 - present
  • Associate, Affleck Greene McMurtry LLP, 2006-2012
  • Called to the Bar, Ontario, 2006
  • Articles of Clerkship, Affleck Greene McMurtry LLP, 2005-2006

Education

  • J.D., University of Ottawa (2005)
  • Visiting Student, University of Houston Law Center (2004)
  • B.A. (Hons.), Glendon College (York University) (2002)
  • Certificat d'études politiques, Institut d'Études Politiques de Rennes (France) (2002)

Memberships & Associations

Community

  • Big Brother ­ Big Brothers and Big Sisters of Toronto: www.bbbst.com

Selected Cases

J. Lepera Contracting Inc. v Royal Timbers Inc

Acted for respondent successful in resisting an appeal of a judgment for a construction lien and debt on a land servicing contact on the basis of the Construction Lien Act and in unjust enrichment. Reported at: 2016 ONSC 2909 (CanLII) (Ontario Superior Court of Justice Divisional Court) (http://canlii.ca/t/gv0hr)

Toronto Taxi Alliance Inc. v. City of Toronto

Acted for owners of traditional Toronto taxicab licences in partially quashing provisions of the City of Toronto’s then new taxicab by-law licensing regime on the basis that a mandatory conversion date to the new regime was a substantive breach of the notice requirements of the City’s Procedural By-law that went to the root of the validity of that section of the by-law. Reported at: 2015 ONSC 685 (CanLII) (Ontario Superior Court of Justice) (http://canlii.ca/t/gg40t)

Canadian National Railway Company v. Kitchener (City)

Acted for defendant land-owner in a motion to dismiss a 25-year old environmental damages case on the basis that there was a substantial risk that the parties could not fairly try their case resulting from inordinate and inexcusable delay. Reported at: 2014 ONSC 4929 (CanLII) (Ontario Superior Court of Justice) (http://canlii.ca/t/g8rlq). Affirmed on Appeal: 2015 ONCA 131 (CanLII) (Court of Appeal for Ontario) (http://canlii.ca/t/ggg55).

Royal Bank of Canada v. Boussoulas

Acted for respondents in an appeal seeking to re-instate a Mareva injunction that had been quashed on equitable grounds based on the conduct of Royal Bank of Canada. Reported at: [2012] O.J. No. 2335, 2012 ONSC 2070 (Ontario Superior Court of Justice, Divisional Court). See articles at: http://www.thelitigator.ca/2012/05/denial-of-mareva-injunction-due-to-banks-dirty-hands-upheld/ and http://www.thelitigator.ca/2010/12/banks-dirty-hands-deprive-it-of-mareva-injunction/

J. Lepera Contracting Inc. v. Royal Timbers Inc

Acted for a party successful in resisting a claim for a construction lien and debt on a land servicing contract. Reported at: 2012 ONSC 271 (CanLII) (Ontario Superior Court of Justice) (http://canlii.ca/t/fqwnc)

Sivaji v. Rajwani

Obtained permission to file a Request to Admit during the adjournment of the trial (as opposed to prior to trial commencing). Reported at: [2011] O.J. No. 6270, 108 O.R. (3d) 478 (Ontario Superior Court of Justice). See article at: http://www.thelitigator.ca/2012/04/request-to-admit-served-during-adjournment-of-trial-allowed-by-court/

Chan v. City Commercial Realty Group Ltd

Acted for judgment creditors successful in piercing the corporate veil of the judgment debtor corporation and fixing the individual shareholders with liability for judgment. Reported at: 2011 ONSC 2854 (CanLII) (Ontario Superior Court of Justice) (http://canlii.ca/t/fld58). See article at: http://www.thelitigator.ca/2012/05/court-pierces-corporate-veil-on-alter-ego-theory-of-liability/

Holyday v. City of Toronto

Acted for a Toronto city councillor successful in defending against a judicial review application requiring the City of Toronto to seek repayment of certain funds from the councillor directly. Reported at: 2010 ONSC 3355 (CanLII) (Ontario Superior Court of Justice, Divisional Court) (http://canlii.ca/t/2bn50)

Analysis & Commentary