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Affleck Greene McMurtry LLP | Barristers

W. Michael G. Osborne FCIArb

W. Michael G. Osborne FCIArb

W. Michael G. Osborne FCIArb

Michael leads AGM’s competition team. He advises clients on compliance with the Competition Actand other statues such as the Corruption of Foreign Public Officials Act. He defends businesses targeted by Competition Bureau investigations and class actions. He assists clients in obtaining merger clearance.

Michael also represents clients in commercial disputes before the courts and arbitral tribunals.

Highlights

  • Numerous cases before the Competition Tribunal
  • Trial and appellate counsel before all levels of court and arbitral tribunals
  • Fellow of the Chartered Institute of Arbitrators
  • Editor of the Canadian Competition Law Review, a peer-reviewed journal published by the Canadian Bar Association’s Competition Law Section
  • Vice-Chair, Books & Treatises Committee, American Bar Association Section of Antitrust Law
  • Writes and speaks frequently on competition law and commercial litigation topics

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

Industries

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

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

  • Canadian Bar Association
  • American Bar Association
  • Advocates’ Society
  • Toronto Lawyers’ Association
  • Toronto Commercial Arbitration Society
  • Association des juristes d’expression française de l’Ontario

Community

  • Member, Bruce Trail Conservancy, Land Securement Secretariat
  • Honorary Counsel, St. John’s Ambulance, Priory of Canada

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.