Category: Constructive Trust

Michael Osborne quoted in Toronto Star: Bitter fallout from The Beer Store’s sweetheart deal - December 16, 2014 by zeldalegacy

Michael Osborne comments on the battle brewing over The Beer Store’s retail monopoly
The Litigator – Affleck Greene McMurtry, LLP

Loblaw Sells Three Shoppers Drug Mart Stores To Rexall and McKesson - December 5, 2014 by zeldalegacy

On December 2, 2014, the Competition Bureau approved the sale of three additional Shoppers stores to Rexall and an independent pharmacist operating under the McKesson banner. Under the Consent Agreement signed between Loblaw and the Bureau in March 2014, Loblaw is required to sell a total of 27 stores as a condition for clearing its acquisition of Shoppers Drug Mart. The Bureau 
The Litigator – Affleck Greene McMurtry, LLP

Competition Bureau Signs MOU With Competition Commission of India - December 5, 2014 by zeldalegacy

The Competition Bureau has signed a memorandum of understanding (MOU) with the Competition Commission of India (CCI). The MOU is intended to strengthen each organization’s ability to address inter-jurisdictional competition enforcement matters. Under the MOU, the Bureau and CCI have agreed to collaborate in four main areas: notifications of matters that are of mutual interest 
The Litigator – Affleck Greene McMurtry, LLP

National Energy pays $7 million to resolve door-to-door sales investigation - December 2, 2014 by zeldalegacy

National Energy Corporation, has agreed to pay a total of million in restitution, administrative monetary penalties, and costs to settle the Bureau’s concerns about its door-to-door selling tactics. The Bureau stated that it had become aware of thousands of complaints that National’s sales agents concealed their identity and the purpose of their visit in order 
The Litigator – Affleck Greene McMurtry, LLP

It’s no lie: Supreme Court recognizes contractual duty of good faith - November 27, 2014 by zeldalegacy

The Supreme Court of Canada’s decision in Bhasin v. Hrynew significantly evolves the common law of contract by recognizing a general common law duty of good faith contractual performance, and in particular a specific duty to act honestly in the performance of contractual obligations. Harish Bhasin had an “enrolment director” contract with Canadian American Financial 
The Litigator – Affleck Greene McMurtry, LLP

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

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