Category: Constructive Trust

US Obtains First Ever Extradition from Canada on Antitrust Charges - July 28, 2014 by zeldalegacy

Canadian businessman John Bennett will be extradited to the US face bid-rigging, fraud, conspiracy, and kick-back charges, the BC Court of Appeal held recently. The charges stem from a bid by the company he founded, Bennett Environmental Inc., to work on an environmental cleanup project in New Jersey. Bennett Environmental was an environmental soil remediation [...]
The Litigator – Affleck Greene McMurtry, LLP

Michael Osborne cracks open the book on Kobo with Advocate Daily. - July 27, 2014 by zeldalegacy

Advocate Daily Quick Clips: Toronto competition lawyer Michael Osborne, partner with Affleck Greene McMurtry LLP, says Kobo is currently challenging a settlement between the Competition Bureau and e-book publishers.
The Litigator – Affleck Greene McMurtry, LLP

Criminal Investigations and Cross Border Litigation Not A Bar to US Depositions - July 26, 2014 by zeldalegacy

The Superior Court of Ontario recently granted an application for the enforcement of letters rogatory to take evidence of, and compel the production of documents by, two non- party Ontario residents in a consolidated multidistrict class action in the US. The Court held that the conditions for enforcement were met and, importantly, rejected the arguments of the Respondents to the application that permitting the examinations would violate the respondent’s rights against self-incrimination….
The Litigator – Affleck Greene McMurtry, LLP

Lousiana Pacific Abandons Plan to Acquire Ainsworth Lumber - July 25, 2014 by zeldalegacy

The Louisiana Pacific Corporation (LP) has abandoned its plan to acquire Ainsworth Lumber Co. Ltd., as a result of a concerns raised by both the Competition Bureau and the United States Department of Justice.  Both agencies had determined that if the proposed acquisition were to go ahead, it would have likely resulted in a substantial [...]
The Litigator – Affleck Greene McMurtry, LLP

Deterrence main objective behind three year corruption sentence - July 24, 2014 by zeldalegacy

Deterrence and denunciation of bribery of foreign public officials were at the fore as a judge sentenced Ottawa businessman Nazir Karigar to three years in jail for agreeing to offer bribes to public officials in India in order to obtain preferential treatment for a bid to supply to Air India. Mr. Karigar was convicted in [...]
The Litigator – Affleck Greene McMurtry, LLP

Business Directory Scammer Sentenced - July 22, 2014 by zeldalegacy

One of four participants in a business directory scam targeting businesses and non-profit organizations in Canada and the United States was sentenced to 18 months in prison by the Quebec Provincial Court after pleading guilty to eight charges of misleading advertising and deceptive telemarketing under the Competition Act. The scheme exacted payments from organizations deceived into believing they had previously [...]
The Litigator – Affleck Greene McMurtry, LLP

Transcontinental Agrees to Sell 34 Community Newspapers - July 19, 2014 by zeldalegacy

Transcontinental Inc. has agreed to sell 34 out of the 74 weekly newspapers it is buying from Quebcor Media Inc. in order to resolve the Competition Bureau’s concerns that the deal would lessen competition in the market for advertising in community newspapers in Quebec. The consent agreement requires that the 34 community newspapers be sold [...]
The Litigator – Affleck Greene McMurtry, LLP

Canada’s Anti-Spam Law - July 19, 2014 by zeldalegacy

Canada’s new Anti-Spam legislation, commonly known as “CASL”, establishes an “opt-in” regime by making it presumptively unlawful to send a commercial electronic message (CEM), unless the recipient has consented to receive it, and the sender includes certain information and an unsubscribe mechanism. CASL applies to anyone who uses email for any commercial purpose. Violators face heavy sanctions, including fines up to million, and private damages actions. Most of CASL’s provisions come into force on July 1, 2014.
The Litigator – Affleck Greene McMurtry, LLP

Will Crowdfunding “Kickstart” Ontario’s Exempt Market? - July 15, 2014 by zeldalegacy

On March 20, the Ontario Securities Commission (OSC) along with its counterparts in Quebec, New Brunswick, Nova Scotia, Manitoba, and Saskatchewan, unveiled the proposed rules to deal with crowdfunding (among other things) as a source of capital for start-ups and SMEs. The comment period ends on June 18. In a sense, the OSC is playing [...]
The Litigator – Affleck Greene McMurtry, LLP

CASL is Coming. Are You Prepared? - July 14, 2014 by zeldalegacy

Canada’s strict new anti-spam legislation is coming in just three weeks. Is your business prepared? Widely considered to be some of the toughest commercial electronic messaging legislation in the world, Canada’s Anti-Spam Law, or “CASL”, comes into force on July 1 of this year. CASL affect will affect every Canadian business, because it prohibits businesses [...]
The Litigator – Affleck Greene McMurtry, LLP

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