Category: Constructive Trust

Employee suspension ruled constructive dismissal: Supreme Court - April 1, 2015 by zeldalegacy

Employers would be wise to consider the terms of an employee’s contract before administratively suspending him or her. The Supreme Court of Canada held that administrative suspensions must be both reasonable and justified. Also, employers cannot use an administrative suspension to get around the fact that they no longer intend to be bound by an 
The Litigator – Affleck Greene McMurtry, LLP

Michael Binetti quoted in The Financial Post: Hot topics dominate the competition law landscape - March 27, 2015 by zeldalegacy

Michael Binetti, partner at Affleck Greene McMurtry LLP, is quoted in the Financial Post/Legal Post article Chambers 2015: Hot topics dominate the competition law landscape, March 25, 2015. “The Bureau reasonably wants to be seen as protecting consumers. They have these new enforcement powers and they are using them.” Read the full article by Mary 
The Litigator – Affleck Greene McMurtry, LLP

Michael Osborne and Don Affleck ranked by Chambers Global for Competition/Antitrust Litigation - March 26, 2015 by zeldalegacy

Affleck Greene McMurtry LLP is proud to congratulate its competition practice leader, W. Michael G. Osborne, FCIArb, and its founding partner (now counsel), Donald S. Affleck, Q.C. on their inclusion in Chambers Global 2015 in the area of Competition/Antitrust: Litigators. Chambers Global editorial states: “Michael Osborne of Affleck Greene McMurtry LLP “is exceptionally bright and capable,” say sources. He stands out for his 
The Litigator – Affleck Greene McMurtry, LLP

Michael Osborne to moderate panel on the Interplay between Cartel and Anti-Corruption Enforcement - March 25, 2015 by zeldalegacy

Michael Osborne, partner at Affleck Greene McMurtry LLP, will moderate a panel of leading Canadian and international experts on Navigating the Increasing Complexities in Canadian Cartel Enforcement at the Canadian Bar Association’s 2015 Competition Law Spring Forum, June 9, 2015. For more information or to register, please visit: http://www.cbapd.org/details_en.aspx?id=NA_SPCOMP15
The Litigator – Affleck Greene McMurtry, LLP

Defendant’s delay gives Ontario courts jurisdiction under forum of necessity test - March 23, 2015 by zeldalegacy

In January 2010, two plaintiffs commenced an action in Ontario arising from a car accident that had occurred almost two years earlier in Michigan. More than a year after the action was commenced, the defendant moved to dismiss the action on the basis that Ontario courts lacked jurisdiction over a claim that the defendant said should instead be tried in Michigan.
The Litigator – Affleck Greene McMurtry, LLP

Ontario Court Quashes Municipal By-Law Forcing Conversion of Taxi Licences - March 19, 2015 by zeldalegacy

The Ontario Superior Court of Justice quashed a resolution of Toronto City Council that required the mandatory conversion of all taxi licences to a new taxi licensing regime on the basis that it was illegally passed. Given the significant impact of that change, the Court exercised its discretion to quash the resolution. The remainder of 
The Litigator – Affleck Greene McMurtry, LLP

Supreme Court Denies Leave to Appeal from Foreign Arbitral Award Enforcement Decision - March 15, 2015 by zeldalegacy

The Supreme Court of Canada has refused to grant leave to appeal from the Sociedade-de-formento decision. Earlier this year, the B.C. Court of Appeal held that Mareva injunction can be granted in the enforcement of foreign arbitral awards in Canada, even if another jurisdiction may be more favourable. As a signatory to the New York Convention, provincial 
The Litigator – Affleck Greene McMurtry, LLP

Osborne and Booth Nominated for 2015 Antitrust Writing Award - March 14, 2015 by zeldalegacy

The Editors and Contributors of The Litigator congratulate Michael Osborne on his nomination for the 2015 Antitrust Writing Awards for his article “Class Action Plaintiffs Can Obtain Wiretap Evidence”, The Litigator, October 2014.
The Litigator – Affleck Greene McMurtry, LLP

Why Car Rentals Cost More Than Advertised: Avis and Budget Taken To Task By Competition Bureau - March 13, 2015 by zeldalegacy

Canada’s Competition Bureau is accusing Avis and Budget of misleading consumers into thinking their rental car prices are lower than they actually are. The Bureau claims that prices are much higher because Avis and Budget require payment of “Non-Optional Fees” that are made to seem like they are taxes when they are not in fact 
The Litigator – Affleck Greene McMurtry, LLP

The Hon. David C. Dingwall, P.C., Q.C., IC.D appointed as Arbitrator to the Shanghai International Economic and Trade Arbitration Commission - March 7, 2015 by zeldalegacy

The Hon. David C. Dingwall, P.C., Q.C., IC.D, counsel at Affleck Greene McMurtry LLP, has been appointed as Arbitrator to the Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Centre, SHIAC). SHIAC’s mission is to promote an international standard for comprehensive arbitration services.
The Litigator – Affleck Greene McMurtry, LLP

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