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Affleck Green McMurtry LLP | Barristers

W. Michael G. Osborne FCIArb

W. Michael G. Osborne FCIArb

W. Michael G. Osborne FCIArb

Michael is a respected and practised litigator who acts for and advises parties in a wide range of competition matters, a variety of commercial disputes, including contractual disputes, shareholders' disputes, commercial fraud, and employment matters, and also in administrative law and constitutional issues.

Highlights

  • Successfully represented the Commissioner of Competition in cases before the Competition Tribunal.
  • Acted as trial and appellate counsel before all levels of court, including the Superior Court of Justice and Court of Appeal for Ontario, the Federal Court of Appeal, and the Supreme Court of Canada.
  • Active member of both the Canadian Bar Association's Competition Law Section and the American Bar Association's Anti-trust Section.
  • Michael is Managing Editor and a primary contributor on thelitigator.ca, Affleck Greene McMurtry's widely-read blog offering Compelling Commentary on Law Affecting Business.
  • Michael is also an editor of the Canadian Competition Law Review. He was responsible for redevelopment of the CBA Competition Law Section website, and has previously chaired the Section’s Reviewable Matters and Unilateral Conduct Committee, and assisted in preparing the new Competition Tribunal Rules as a member of the Tribunal’s rules working group.
  • Michael speaks frequently on competition law and commercial litigation topics, and teaches in CPD programs sponsored by the Advocates Society.
  • Frequent contributor to newsletters published by the ABA's Anti-trust Section, The Litigator, and other renowned legal periodicals.
  • Martindale-Hubbell AV Peer Review Rated
  • Fellow of the Chartered Institute of Arbitrators Chambers and Partners Global Ranking 2017 Chambers and Partners Global Ranking 2017 Whos Who Legal Michael Osborne AV Peer Review Rated  Best Lawyers Award Badge 
    View Michael's most recent publications.

Practice Areas

  • Corporate and Commercial Litigation
  • Competition Law
  • Class Action Defence
  • Shareholder & Partnership Disputes
  • Regulatory and Administrative Law

Other Practice Areas

Show More Practice Areas
  • Anti-trust
  • Appellate Counsel
  • Arbitration (domestic and international, ad hoc and institutional)
  • Civil Anti-Competitive Conduct
  • Civil Litigation
  • Class Actions
  • Competition Bureau Investigations
  • Competition Criminal Matters
  • Competition Law (Antitrust)
  • Competition Marketing Practices
  • Competition Tribunal Litigation
  • Compliance Programs
  • Constitutional Law
  • Contract Disputes
  • Criminal & Civil Anti-Competitive Conduct
  • Employment Law
  • Enforcement of Foreign Judgments
  • Franchise Litigation
  • Fraud, Misrepresentations, Deceit
  • Injunctions
  • International Law
  • Mergers
  • Partnership Litigation
  • Trade-mark Litigation

Industries

  • Franchising
  • Public Office Holders
  • Securities
  • Airlines
  • Waste Management
  • Hi-tech Hardware and Software
  • Banking and Payment Systems

Experience

  • Partner, Affleck Greene McMurtry LLP, 2006-Present
  • Associate, Affleck Greene McMurtry LLP, 2003-2006
  • Associate, Kelly Affleck Greene, 1999-2003
  • Associate, Borden & Elliot, 1998-1999
  • Called to the Bar, Ontario, 1998
  • Articles, Law Clerk to the late Justice John Sopinka, Supreme Court of Canada, 1996-1997

Education

  • B.A. (High Honours) in Philosophy, University of Saskatchewan (1988)
  • M.A. in Medieval Studies, University of Toronto (1991)
  • LL.B., Dalhousie University (1996)

Memberships & Associations

  • Member of the Canadian Bar Association
  • Member of the Ontario Bar Association
  • Member of The Advocates Society
  • Chair of the Toronto Commercial Arbitration Society's (TCAS) Program Committee.
  • Member, Board of Trustees of the Toronto Lawyers' Association
  • Fellow of the Chartered Institute of Arbitrators

Community

Selected Cases

Canada (Commissioner of Competition) v. Canadian Waste Services Holdings Inc.

Acted for the Commissioner of Competition in successfully opposing, under the merger provisions of the Competition Act, CWS' acquisition of a landfill in southwestern Ontario. Reported at: (2001), 11 C.P.R. (4 th) 425 (Comp. Trib.), (2001), 15 C.P.R. (4 th) 5 (Comp. Trib.), affirmed, (2003) 24 C.P.R. (4 th) 178 (F.C.A.).

Canadian Waste Services Holdings Inc. v. Canada (Commissioner of Competition)

Acted for the Commissioner of Competition in successfully opposing an application by CWS for rescission of order of the Competition Tribunal that it divest itself of a landfill in southwester Ontario. This is now one of the leading cases under s. 106 of the Competition Act. Reported at: (2004), 33 C.P.R. (4th) 275. See: Competition Tribunal orders sale of landfill (again); CWS appeals (again)

Canada (Commissioner of Competition) v. Air Canada

Acted for the Commissioner of Competition in a case involving an alleged abuse of dominance by Air Canada arising from Air Canada's response to entry by WestJet and CanJet into eastern Canada. The Tribunal's decision defines the 'avoidable costs' of Air Canada. The Tribunal accepted Commissioner's approach to avoidable costs. Its decision will likely be applicable to future predatory pricing cases. Reported at: (2003), 26 C.P.R. (4th) 476 (Comp. Trib.). See THE LITIGATOR: Competition Law Update - The Year in Review 2003

3Com Corp. v. Intelligent Decisions Inc. and 3Com Corp. v. Zorin International Corp.

Obtained judgments after trials of nearly US$10 million against companies and certain individuals who fraudulently obtained significant discounts on computer products by claiming that they were for governmental and educational end users when in fact the equipment was grey-marketed. Jim Orr was lead counsel. Reported at: [2004] O.J. No. 2348 and [2004] O.J. No. 1767. See: 3Com wins nearly US$10 million in two grey marketing fraud cases (PDF)

Henry Schein Arcona v. Mullin

Opposed a motion for an injunction to prevent a departed employee accused of competing against his former employer, in violation of his employment agreement, and obtained solicitor-client costs after the former employer dropped the motion. This is now a leading case on costs after an unsuccessful injunction. Reported at: [2000] O.J. No. 3733.

Dry cleaner franchise litigation

Successfully resisted and settled a motion for an injunction against a franchisee.

Analysis & Commentary