Michael I. Binetti, Partner - AGM LLP

Michael Binetti*, Managing Partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”

Highlights

Acts as trial and appellate counsel before the Ontario Superior Court of Justice, Divisional Court, and Court of Appeal
Acts for companies subject to competition investigations and class actions; advises and acts on fair business practices disputes, including advertising and marketing business practices;
Acts on insured and uninsured professional negligence matters involving lawyers and investment industry professionals, broker/dealer disputes, regulatory investigations (Law Society, MFDA, OSC, CPA Canada, FSCO)
Advises and acts on termination of employment, fraud, franchise disputes, product liability, construction liens, construction surety disputes, and copyright and trademark disputes
Acts for companies and individuals litigating with government, judicial reviews, elections law, integrity investigations, lobbyist registrations, and enforcement of municipal by-laws
Past Chair of the Marketing Practices Committee of the Canadian Bar Association Competition Law Section; in that role has organized and moderated several seminars, including with the American Bar Association and US Federal Trade Commission
Director, Toronto Lawyers Association, with active interest in Advocacy and Licensing committees
Active member of the Canadian Bar Association's Competition Law Section
Martindale-Hubbell® AV Preeminent Rating Martindale-Hubbell® AV Preeminent Rating and Platinum Client Champion Award
Recognized in Best Lawyers in Canada for Advertising and Marketing Law
Ranked in Who’s Who Legal (WWL) Canada – Competition
Listed as Repeatedly Recommended for Competition Law in the Canadian Lexpert® Directory
Frequent contributor to The Litigator and listed as a "Very Popular" author (within the Top 20% for topics and industry categories) for law-related analysis and commentary on Mondaq.com.

*Practising through a professional corporation.

Selected Cases

Tassone v. Tozer

Successfully resisted motion to examine witnesses to a pending summary judgment motion on the basis that the information sought was irrelevant and the request was as an abuse of process. Reported at: 2021 ONSC 3280 (CanLII) (Ontario Superior Court of Justice)
(https://t.ly/HzlX)

Fanshawe College v. Hitachi, Ltd.

Acted for third-party filer of class action settlement funds on successful appeal of claims administrator’s denial of claims. Reported at: 2021 ONSC 140 (CanLII) (Ontario Superior Court of Justice) (https://canlii.ca/t/jcfss)

Dominus/Cityzen SWQRP Inc. v. The Corporation of the City of Brampton

Obtained an order requiring the City of Brampton to return Dominus’ funds improperly held pursuant to a Site Plan Agreement. Reported at: 2020 ONSC 5806 (CanLII) (Ontario Superior Court of Justice)
(https://canlii.ca/t/j9w0p)

Eisenberg v. Toronto (City)

Acted for proposed class action plaintiffs against the City of Toronto for negligent enforcement of city by-laws relating to ride-sharing services. Reported at: 2019 ONSC 7312 (CanLII) (Ontario Superior Court)
(https://canlii.ca/t/j46kv)

250 Bridgeland Realty Inc. v. Ontario (Min. Transportation)

Acted for owner of out-of-home advertising against City of Toronto and Ontario government involving revocation of permits. Reported at: 2019 ONSC 6053 (CanLII) (Ontario Superior Court of Justice Divisional Court)
(https://canlii.ca/t/j31c3)

Four Seasons Site Development Ltd. v City of Toronto

Obtained an interim and interlocutory injunction staying the City of Toronto’s Chief Purchasing Official’s temporary suspension of a construction company from bidding on and participating in City of Toronto construction tender calls. Reported at: 2017 ONSC 2687 (CanLII) (Divisional Court) (http://canlii.ca/t/h3h44)

J. Lepera Contracting Inc. v Royal Timbers Inc

Acted for respondent successful in resisting an appeal of a judgment for a construction lien and debt on a land servicing contact on the basis of the Construction Lien Act and in unjust enrichment. Reported at: 2016 ONSC 2909 (CanLII) (Ontario Superior Court of Justice Divisional Court) (http://canlii.ca/t/gv0hr)

Toronto Taxi Alliance Inc. v. City of Toronto

Acted for owners of traditional Toronto taxicab licences in partially quashing provisions of the City of Toronto’s then new taxicab by-law licensing regime on the basis that a mandatory conversion date to the new regime was a substantive breach of the notice requirements of the City’s Procedural By-law that went to the root of the validity of that section of the by-law. Reported at: 2015 ONSC 685 (CanLII) (Ontario Superior Court of Justice) (http://canlii.ca/t/gg40t)

Canadian National Railway Company v. Kitchener (City)

Acted for defendant land-owner in a motion to dismiss a 25-year old environmental damages case on the basis that there was a substantial risk that the parties could not fairly try their case resulting from inordinate and inexcusable delay. Reported at: 2014 ONSC 4929 (CanLII) (Ontario Superior Court of Justice) (http://canlii.ca/t/g8rlq). Affirmed on Appeal: 2015 ONCA 131 (CanLII) (Court of Appeal for Ontario) (http://canlii.ca/t/ggg55).

Royal Bank of Canada v. Boussoulas

Acted for respondents in an appeal seeking to re-instate a Mareva injunction that had been quashed on equitable grounds based on the conduct of Royal Bank of Canada. Reported at: [2012] O.J. No. 2335, 2012 ONSC 2070 (Ontario Superior Court of Justice, Divisional Court). See articles at: http://www.thelitigator.ca/2012/05/denial-of-mareva-injunction-due-to-banks-dirty-hands-upheld/ and http://www.thelitigator.ca/2010/12/banks-dirty-hands-deprive-it-of-mareva-injunction/

J. Lepera Contracting Inc. v. Royal Timbers Inc

Acted for a party successful in resisting a claim for a construction lien and debt on a land servicing contract. Reported at: 2012 ONSC 271 (CanLII) (Ontario Superior Court of Justice) (http://canlii.ca/t/fqwnc)

Sivaji v. Rajwani

Obtained permission to file a Request to Admit during the adjournment of the trial (as opposed to prior to trial commencing). Reported at: [2011] O.J. No. 6270, 108 O.R. (3d) 478 (Ontario Superior Court of Justice). See article at: http://www.thelitigator.ca/2012/04/request-to-admit-served-during-adjournment-of-trial-allowed-by-court/

Chan v. City Commercial Realty Group Ltd

Acted for judgment creditors successful in piercing the corporate veil of the judgment debtor corporation and fixing the individual shareholders with liability for judgment. Reported at: 2011 ONSC 2854 (CanLII) (Ontario Superior Court of Justice) (http://canlii.ca/t/fld58). See article at: http://www.thelitigator.ca/2012/05/court-pierces-corporate-veil-on-alter-ego-theory-of-liability/

Holyday v. City of Toronto

Acted for a Toronto city councillor successful in defending against a judicial review application requiring the City of Toronto to seek repayment of certain funds from the councillor directly. Reported at: 2010 ONSC 3355 (CanLII) (Ontario Superior Court of Justice, Divisional Court) (http://canlii.ca/t/2bn50)