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Litigation Publications

Litigation Publications

Litigation Publications

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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Dirty Diesel Done Dirt Cheap? VW Settles “Clean Diesel” Scandal

by W. Michael G. Osborne

Volkswagen recently employed a quick settlement strategy to deal with the fallout from its admission, in September 2015, that it had installed software to cheat on emissions tests on 11 million diesel powered Volkswagen and Audi vehicles. On October 15, 2015, a recall of approximately 8.5 million vehicles in Europe was announced.[1] By December 2016, 

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Court of Appeal Blurs Boundaries in Forum Selection Case

by Daphne Hooper

A recent decision from the Ontario Court of Appeal has international arbitrators scratching their heads as non-contracting parties to a dispute based largely in Ontario are sent to arbitration in Germany. The majority decision of Brown J.A. is notable for the fact that it runs contrary to long-standing principles of both conflict law and the 

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Privacy law does not shield judgment debtors

by Meredith Hayward

The recent Supreme Court decision in Royal Bank of Canada v. Trang has provided important guidance on how Canada’s federal privacy legislation, the Personal Information Protection and Electronic Documents Act (“PIPEDA”), is to be interpreted.   To the relief of judgment creditors across the country, the Supreme Court ruled that courts can use their inherent 

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RoRo Price Fixing Class Action Rolls On Against Foreign Defendants

by Kyle Taylor

A court may hear a price fixing action against foreign defendants that never had any business presence in the jurisdiction if the defendants allegedly participated in a conspiracy that impacted the jurisdiction, a British Columbia court recently confirmed. The case was Ewart v. Nippon Yusen Kabushiki Kaisha, a class action alleging anticompetitive conduct by operators of 

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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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