24 March, 2024
Mithaq Canada Inc. (Re): Exercise of the Capital Markets Tribunal’s Discretion Whether to Cease Trade a Private Placement as “Clearly Abusive”
15 March, 2024
The Perils of Failing to Coordinate Settlement of Cross-Border Securities Class Actions: Kwong v. iAnthus Capital Holdings Inc.
31 January, 2024
The Flip Side of the Trailing Commission Coin: Frayce v. BMO Investorline Inc., 2024 ONSC 533
16 January, 2024
NorthWest Copper Corp.: The Free Flow of Information and Opinion Among Shareholders May Trump Disclosure of Joint Action by Dissident Shareholders
The Canadian Securities Administrators 2018/2019 Enforcement Report – Key Highlights
The Canadian Securities Administrators (the “CSA”) is an umbrella organization of 10 provincial and 3 territorial securities regulators in Canada, which includes the Ontario Securities Commission (“OSC”). The CSA’s mission is “to give Canada a securities regulatory system that protects investors from unfair, improper or fraudulent practices and fosters fair, efficient and vibrant capital markets, by developing a national system of harmonized securities regulation, policy and practice.”
Brophy v. Harrison: A Reminder of the Costs Consequences for Taking a ‘Hard-ball’ Approach to Litigation
A recent decision of the Ontario Superior Court of Justice reminds litigants that cost considerations must be at the forefront of every decision made when litigating a case.
The OSC Whistleblower Program – Three Years Later
The OSC whistleblower program - key program updates and an evaluation three years in.
Auditors Owed No Duty of Care to “Client’s Clients” in Lavender
In its recent decision in Lavender v Miller Bernstein LLP, the Court of Appeal for Ontario overturned a summary judgment decision imposing liability on the auditor of a now defunct securities dealer in a class action brought on behalf of the dealer’s clients.
Last Call for Relevant Appeals from the OSC
To the extent it was ever really open, the door to relevant appeals from decisions of the Ontario Securities Commission (“OSC” or the “Commission”) has inexorably been swinging closed.
OSC Publishes Initiatives Aimed at Protecting Seniors
On March 20, 2018, the OSC published its Seniors Strategy, the purpose of which is to outline initiatives that the OSC is pursuing in relation to older individuals, recognizing that the financial lives of older Canadians have grown increasingly complex relative to previous generations.
Individual Acts and Corporate Benefits: Towards a More Expansive Standard for Company Liability
A recent Ontario Court of Appeal decision has arguably expanded the scope of a company’s liability for the actions of those who control it.
OSC Whistleblower Program Explained
ONCA: Miller and Cheng “Ought Reasonably to Have Known” Better
On January 25, 2018, the Court of Appeal for Ontario released its much-anticipated decision in Finkelstein et al. v Ontario Securities Commission, 2018 ONCA 61 (“Finkelstein”) in which it considered the insider trading and tipping provisions of the Ontario Securities Act, R.S.O. 1990, c. S.5 (the “Act”).
Should OBSI Have the Power to Make Binding Orders?
While not perfect, the current OBSI process provides a mechanism for inexpensive and effective resolution of disputes relating to investments. By gaining the power to make binding decisions, OBSI may lose the very thing that makes it effective.