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Increasing Enforcement: OSC and SEC Take Aim at Cryptocurrency Platforms

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By Katarina Wasielewski on January 11, 2023

On December 12, 2022, the Ontario Securities Commission (OSC) issued a news release further cautioning crypto trading platforms operating in Canada on the applicability of securities laws to their operations. This news release comes amidst the OSC’s increasing…

Regression Analysis Fails to Save the Day for the Defendant

By Admin on December 23, 2021

On November 2, 2021, the Ontario Divisional Court dismissed a motion for leave to appeal the decision of Justice Morgan, who granted leave to the plaintiff to commence an action under section 138.3 of the Ontario Securities Act (OSA…

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From Textual to Contextual: Court of Appeal Affirms the Scope of ‘Public Corrections’ in Statutory Secondary Market Misrepresentation Claims

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By Erika Anschuetz & Lauren Rennie on December 21, 2021

In Baldwin v Imperial Metals Corporation, 2021 ONCA 838 (Baldwin), the Ontario Court of Appeal considered the scope of ‘public corrections’ in secondary market misrepresentation claims under Ontario’s Securities Act (the Securities Act) and followed the…

Ontario Court of Appeal clarifies that the test to continue a freeze order under the Ontario Securities Act has a lower standard than the test for reasonable and probable cause.

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By Ted Brook on May 28, 2021

In Qin v. Ontario Securities Commission, 2021 ONCA 165 (“Qin”), the Ontario Court of Appeal considered whether a prior judicial finding that a freeze order under s. 126(5.1) of the Ontario Securities Act was “reasonable and expedient”…

Alberta Court Finds that Administrative Penalty Survives Bankruptcy: The Sequel

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By Aaron Stephenson on March 4, 2021

In February 2020, we blogged about a then recent decision by Romaine J. of the Court of Queen’s Bench of Alberta relating to the interplay between the personal bankruptcy regime and administrative penalties.  In Alberta Securities Commission v Hennig,…

The Courts’ Expectations of the Parties to a Lavallée Protocol when Technological Documents are Seized

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By Sophie Melchers on February 12, 2021

In 2002, the Supreme Court of Canada developed a protocol to be applied whenever a search warrant was executed and some of the documents seized could potentially contain privileged information, in the case of Lavallee, Rackel & Heintz v. Canada…

Quadrexx Hedge Capital Management Ltd. v. Ontario Securities Commission: First Application Of The Vavilov Standard of Review to an OSC Decision

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By Elana Friedman on October 28, 2020

In a previous post, we discussed the new standard of appellate review of tribunal decisions described in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (Vavilov) and its implications for the Ontario Securities…

Investor Protection Law Clinics Benefit from Cy-près Distribution of Settlement Funds: Makris v Endo International PLC

By Admin on October 27, 2020

Makris v Endo International PLC

On October 1, 2020 the Ontario Superior Court approved a securities class action settlement agreement in the amount of $700,000 and a plan of allocation  providing for the distribution of the settlement amount, net of…

BC Supreme Court examines validity of release and injunction clauses affecting third party rights in plans of arrangement

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By Caroline Larouche & Sophie Melchers on October 21, 2020

Summary

In iAnthus Capital Holdings, Inc.(Re)[1], Gomery J. of the Supreme Court of British Columbia, approved an amended plan of arrangement (the Amended Plan) after he invited the petitioners to narrow the release and injunction clauses of the first…

First Global Data Ltd (Re): OSC requires merits hearing to proceed via videoconference despite respondents’ objections

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By Erika Anschuetz on September 30, 2020

COVID-19 continues to pose unique challenges to Canada’s legal system, including questions about how the Ontario Securities Commission (OSC) will conduct its proceedings.  In a recent decision, a Hearing Panel of the OSC ordered a merits hearing to…

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In this blog, litigators from Norton Rose Fulbright offices in both Canada and the United States comment upon domestic developments in securities litigation in both countries and cross border issues. Among other things, we deliver insights on recent securities law decisions, amendments to securities statutes and regulations, securities class actions and cross border developments. We have broad experience and international expertise in these matters and are frequently called upon for advice in high-profile securities litigation, enforcement proceedings and internal investigations. Stay connected with Securities litigation and enforcement and subscribe to the blog today.

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