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Litigation Publications

Litigation Publications

Litigation Publications

Supreme Court of Canada refuses to hear global auditor class action certification appeal

by Kenneth A. Dekker

On June 8, 2017, the Supreme Court of Canada denied leave to appeal from a decision of the Ontario Court of Appeal in Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP that certified an Ontario class action against a Canadian auditor involved in an American private placement of shares and warrants issued primarily to 

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Failure to register share transfer doesn’t mean that it didn’t happen: Supreme Court of Canada denies oppression remedy claim

by Masiel A. Matus

The Supreme Court of Canada in Mennillo v. Intramodal Inc. held that a small, closely held corporation’s failure to comply with some of the requirements under the Canada Business Corporations Act (CBCA) before registering a share transfer was not in and of itself oppressive conduct prohibited by the CBCA’s oppression remedy at Section 241. Facts 

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Dry cleaner who contaminated neighbour’s property ordered to pay significant damages

by Masiel A. Matus

A dry cleaning business was ordered to pay over $1.6 million in damages to remediate a neighbour’s property for environmental contamination. In Huang v. Fraser Hillary’s Limited the plaintiff, a property owner, brought an action against his neighbour, Fraser Hillary’s Limited (“FHL”), a dry cleaning business, and David Hillary (“Hillary”) the owner of a residential 

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Self-Regulatory Organizations May Be able to collect fines in court

by Wendy Sun

In its recently published Budget for 2017, the Ontario Government is proposing to allow self-regulatory organisations (SROs), such as the Mutual Fund Dealers Association (MFDA) and the Investment Industry Regulatory Organization of Canada (IIROC) to file their disciplinary decisions with the court, in order to collect fines levied against individuals, particular from those who are no longer working 

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Suing for unpaid legal fees (usually) not illegal, Divisional Court confirms

by Christopher Somerville

For decades, Ontario lawyers suing to collect their accounts have sometimes faced an obscure but potentially devastating obstacle: the Solicitors Act (Ontario).[1] On its face, s. 23 of the Act seems to ban any action to collect fees from a retainer agreement even though s. 2 of the Act permits a court action to recover fees one 

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visit the Commercial Litigation section at thelitigator.ca

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

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