Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·

Litigation Practice

Litigation Practice


We are accomplished litigators with extensive trial and appeal experience before courts, arbitrators, administrative tribunals and regulatory authorities. We handle every kind of commercial dispute and have particular expertise in handling legal emergencies such as injunction proceedings. We focus on achieving your goals.

Click on a subject below for more information, or view our litigation publications.

Disputes within Companies and Partnerships

AGM LLP lawyers have extensive experience in resolving disputes within companies, partnerships, and other businesses. We are masters of the strategy and tactics involved in oppression, winding-up, and similar proceedings.

We know how to get the best possible result in disputes among:

  • Shareholders
  • Partners
  • Creditors
  • Joint Venturers
  • Franchisors/Franchisees
  • Other Business Stakeholders

Disputes over Contracts

We combine a sophisticated knowledge of contract law with a practical understanding of business realities in our approach to disputes over contracts. We have extensive experience litigating breaches of contracts before courts and arbitrators.

Our experience includes litigation over all kinds of contractual disputes, including:

  • Warranties in acquisition agreements
  • Contracts for sale of goods, and international sale of goods
  • Repudiation of contractual obligations
  • Non-compete and non-solicitation clauses in contracts for sale of businesses and employment contracts
  • Construction contract claims
  • Insurance and bond coverage disputes

Securities Litigation

Our talent and ability, both prosecuting and defending actions and administrative proceedings relating to handling of client investment accounts, has earned AGM LLP an impressive reputation. We act on an ongoing basis for:

  • Stockbrokers
  • Investment advisors
  • Investment houses
  • Others in the investment business

We have substantial experience appearing before the courts and administrative tribunals, including:

  • the Ontario Securities Commission (OSC)
  • the Investment Industry Regulatory Organization of Canada (IIROC) (formerly, the Investment Dealers Association)
  • the Mutual Fund Dealers Association (MFDA)
  • other self-regulatory organizations

Fraud, Misrepresentations, Deceit

Our lawyers have the tenacity to prosecute and defend complex fraud cases. We act for victims of fraud, their insurers, and even those accused of fraud. Our past experience includes:

  • Alleged fraud in real estate dealings
  • Fraudulent grey marketing of computer equipment
  • Fraudulent equipment leasing
  • Forgeries on cheques and other payment items

We have the experience and bench strength to respond quickly by seeking injunctive relief to obtain evidence and protect assets in fraud cases.

Attacks on Business Interests

AGM LLP helps protect your business interests. We keep on top of the evolving law of economic torts, including:

  • Inducing breach of contract
  • Unlawful interference with economic interests
  • Conspiracy
  • Intimidation

Construction (including Performance & L&M Bond Defence)

AGM LLP demonstrates an in-depth and specific knowledge of the construction industry combined with extensive experience in related litigation matters:

  • Improprieties in the bidding process
  • Claims for construction liens
  • Performance and Labour and Material Payment Bond claims (primarily acting for surety)
  • Breach of trust
  • Delays and liquidated damages claims
  • Problems caused by delays, damages, increases, substandard work, and debts guarantees
  • Breach of construction contract claims

Our expert understanding of the special legal rules benefits both owners and contractors in all manners of dispute resolution. We regularly act for Insurers/Sureties in defence of Performance and Labour and Material Payment Bond claims.

Franchise Litigation

We frequently act for both franchisors and franchisees in a variety of disputes. We know how to deal with the challenges inherent in the unique legal and practical characteristics of franchise systems and the duties set out in the Arthur Wishart Act.

Debtor-Creditor and Banking Litigation

We act for both creditors and debtors in all kinds of disputes over debts, including:

  • Debt collection
  • Enforcing security
  • Enforcing guarantees
  • Actions on mortgages
  • Insolvency and bankruptcy litigation

We also have unparalleled knowledge of the rules relating to the banker-customer relationship, including the highly complex field of payment systems and bills of exchange.

Insurance Defence

AGM LLP draws on extensive experience acting as defence counsel in large, complicated litigation defended by insurers, including:

  • Fidelity & Surety Bond claims
  • All-risk crime policy claims
  • E&O policy claims
  • Directors and Officers policy claims
  • Performance and Labour and Material Payment Bond claims, including indemnification claims for payments made under those bonds

We are frequently retained to provide coverage opinions for our Insurer clients.

Best Insurance Attorneys 10 Years

Employment Litigation

Sooner or later every business faces employment-related litigation. We have the experience to recognize uncomplicated cases and resolve them quickly and efficiently, and the expertise to handle complicated cases.

We act both for employers and departing employees in actions for:

  • Wrongful dismissal
  • Breach of non-competition/non-solicitation and confidentiality clauses
  • Misuse of corporate information
  • Breach of fiduciary duty

Legal Crisis Management

AGM LLP has the expertise and bench strength to help organizations deal with the legal aspects of business crises. Our extensive experience with injunctions and rapid-fire litigation enables us to develop and implement effective strategies for dealing with crises. We are accustomed to working closely with clients and their advisors in dealing to ensure the integrated management of all facets (not just legal) of a crisis situation.

If you are facing an emergency, you can count on us to work tirelessly on your behalf.

In addition, several of our lawyers have extensive experience acting as supervising solicitors on searches carried out under Anton-Piller orders.

Intellectual Property

You work hard to develop your brand and your products. We can help you protect them. Our expertise extends to:

  • Prosecuting and defending common law and statutory passing-off and trade-mark actions
  • Defence of patent and copyright actions
  • Obtaining and executing Anton-Piller orders

Class Actions

We regularly defend companies (including their insurers) involved in class actions. We have extensive experience in dealing with the complex legal, procedural, and factual issues thrown up by class actions. We are accustomed to litigating proceedings that run in parallel with proceedings in other provinces and the US.

Our class actions practice includes class actions that allege breaches of the Competition Act.

Attacks on Reputation

Your reputation, and your business' reputation, is one of your most valuable assets, and we will help defend it. We know how to navigate the complex and delicate legal and procedural rules that govern defamation, libel and slander.

Products Liability

AGM LLP's knowledge, skill and experience provide a significant advantage to manufacturers, distributors, retailers and their insurers in defending proceedings alleging defects in products.

We appear regularly, on their behalf, on inquests into allegedly defective products that may result in a product liability action.

Professional Negligence and Discipline Hearings

We have extensive experience in defending and even prosecuting professional negligence actions against accountants, architects, engineers, lawyers, medical professionals, and other professionals.

We frequently act as defence counsel in disciplinary hearings before various regulatory authorities.

International and Domestic Arbitration

We regularly act as counsel in both international and domestic arbitrations. Our trial experience enables us to advocate effectively for our clients in arbitrations, while our strategic approach to cases enables us to adapt to and use whatever procedural rules are adopted to maximum effect.

Mediation and other Alternative Dispute Resolution

We focus on your goals and identify the best possible outcome. We look at your bottom line, and use this to identify and work towards the optimal settlement. Because we are known for our ability to take the case to court, we frequently achieve settlements that work out to a win when considered on a bottom-line basis.

Appeals and Judicial Review

Our combination of superb written and oral advocacy, superior legal research, and diligent study of the facts of every case, makes us highly effective advocates in appeals and judicial review of administrative decisions. We have experience at every level of court, including the Divisional Court, the Ontario Court of Appeal, the Federal Court of Appeal, and the Supreme Court of Canada.

Advice and Opinions

We deliver practical but astute legal advice. We regularly provide:

  • Opinions on proposed business practices
  • Advice on rights and obligations flowing from contractual provisions
  • Advice on rights and obligations flowing from statutory and regulatory provisions
  • Advice on constitutional matters, particularly division of powers and indirect taxation issues
  • Expert opinions on Canadian law for use in foreign proceedings

Conflicts of Law and Enforcement of Foreign Judgments

We know how to chart a path through geographic complexities. Clients across Canada, the United States and overseas rely on our experience in:

  • Enforcing foreign judgments and orders
  • Preparing and enforcing Letters of Request and orders for commission evidence
  • Motions for forum non-conveniens, lack of jurisdiction simpliciter, and anti-suit injunctions
  • Applying conflicts of law rules to resolve complexities arising in disputes that cross borders

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  

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