Category: Constructive Trust

David Vaillancourt to moderate CBA’s “Kobo Tribunal Decision” panel, December 11 - November 15, 2014 by zeldalegacy

David Vaillancourt to moderate the CBA National Competition Law Section – Reviewable Matters / Unilateral Conduct Committee’s panel presentation: An Agreement Written in Stone? Examining the Implications of the Tribunal’s Decision in Kobo
The Litigator – Affleck Greene McMurtry, LLP

Court Reduces Notice Period, Employee Should Have Known Better - November 12, 2014 by zeldalegacy

The Ontario Superior Court of Justice recently reduced the notice period awarded to a wrongfully terminated employee for his failure to properly read his contract before signing on the dotted line. In Miller v. A.B.M. Canada Inc., the plaintiff’s job involved staying abreast of employment standards legislation, and he had previous experience in human relations. [...]
The Litigator – Affleck Greene McMurtry, LLP

Green light for Transforce’s Acquisition of Contrans - November 11, 2014 by zeldalegacy

Trucking company Transforce got a green light from the Competition Bureau to complete its acquisition of its rival Contrans. Both companies provide non-specialized (dry box trailers) and specialized trucking services. The Bureau said its primary focus was “the provision of dump trailer services on long haul (long distance) routes where the inability to arrange for backhaul (the [...]
The Litigator – Affleck Greene McMurtry, LLP

Michael Osborne talks about Canada’s Game of Phones with Advocate Daily - November 6, 2014 by zeldalegacy

Advocate Daily Quick Clips: Toronto competition lawyer Michael Osborne, partner with Affleck Greene McMurtry LLP, says if you play the game of phones, you either win or you go to court.
The Litigator – Affleck Greene McMurtry, LLP

Injunctions available to enforce foreign arbitral awards, BC court says - November 2, 2014 by zeldalegacy

The New York Convention permits parties to arbitrations to enforce arbitral awards in any contracting state, including Canada. This means that Canadian courts are not entitled to consider whether the award should first be enforced in any other state, the BC Court of Appeal held recently in Sociedade-de-fomento Industrial Private Limited v. Pakistan Steel Mills [...]
The Litigator – Affleck Greene McMurtry, LLP

Competition Bureau Clears Burger King-Tim Hortons Merger - November 2, 2014 by zeldalegacy

Burger King’s purchase of Tim Hortons is unlikely to harm competition because there are many competitors in the fast food industry and low barriers for entry by new competitors, the Competition Bureau announced on October 28, 2014. As the second largest fast food hamburger chain in the world, Burger King operates 300 restaurants in Canada, [...]
The Litigator – Affleck Greene McMurtry, LLP

Sale of Ten Shoppers Drug Mart Stores by Loblaw Approved - November 1, 2014 by zeldalegacy

The Competition Bureau has approved the sale by Loblaw of ten Shoppers Drug Mart stores, pursuant to the March 2014 Consent Agreement that resolved the Bureau’s concerns about Loblaw’s acquistion of Shoppers Drug Mart.  Seven stores will be sold to independent pharmacists operating under the McKesson banner and three will be sold to Pharmasave Drugs (Atlantic) Ltd. During [...]
The Litigator – Affleck Greene McMurtry, LLP

Financial Post Business: Class action plaintiff lawyers gain access to wiretap evidence - October 24, 2014 by zeldalegacy

Michael Osborne is quoted in the Financial Post / Legal Post article Coopting the cops: Class action plaintiff lawyers gain access to wiretap evidence, Oct. 22. 2014 “The practical effect of this decision will be to make it easier for plaintiffs to obtain evidence of price fixing, and thus easier for them to prove their case.” [...]
The Litigator – Affleck Greene McMurtry, LLP

Peter Greene delivers Argos Game Ball to Tackle Ovarian Cancer - October 20, 2014 by zeldalegacy

Peter Greene, Managing Partner of Affleck Greene McMurtry LLP, delivered the game ball at the Toronto Argonauts vs. Montreal Alouettes game at the Rogers Centre on Saturday, October 18.
The Litigator – Affleck Greene McMurtry, LLP

Class action plaintiffs can obtain wiretap evidence - October 19, 2014 by zeldalegacy

Class action plaintiffs can obtain court-ordered disclosure of wiretap evidence obtained by the Competition Bureau, Canada’s Supreme Court held today in Imperial Oil v Jacques. This decision will make it easier for plaintiffs to obtain evidence in price fixing cases by effectively allowing second-hand wiretapping. Over 220,000 intercepts The plaintiffs were seeking production from the [...]
The Litigator – Affleck Greene McMurtry, LLP

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