It seems that the saga of the Ontario Securities Commission’s prosecution of Daniel Emerson Tiffin and Tiffin Financial Corporation is not over yet. On November 28, 2018 (2018 ONCA 953), the Ontario Court of Appeal granted leave to
2018
Findings of Fraud Constitute “Other Good Reason” to Order Security for Costs
Hung v Ontario Securities Commission, 2018 ONSC 6729 (Div Ct)
The Divisional Court has released yet another chapter in the saga of one of the largest frauds in Canadian history. In 2017, after a 188-day merits hearing, the Ontario…
Stop the presses! Canadian securities regulators raise concerns about press releases and other promotional activities
The Canadian Securities Administrators (CSA) have issued a notice regarding misleading promotional activities by issuers. The notice includes examples such as press releases, presentations, social media posts and other marketing materials that provide insufficient or unbalanced information or…
Crime Doesn’t Pay: OSC Permanently Bans Convicted Fraudster
On November 26, 2018, the Ontario Securities Commission (OSC) issued an order permanently prohibiting Daniel Reeve, a financial planner based in the Kitchener, Ontario area, from participation in Ontario’s capital markets, including trading in any securities and becoming…
When Will Referral Arrangements Constitute Trading under the BC Securities Act?
In a recent decision of the BC Securities Commission (BCSC), the BCSC provides helpful guidance concerning when referral arrangements cross the line and become trading for which registration is required.
Chien-Hua Liu (Liu) and two affiliated corporations referred…
Divisional Court Upholds OSC Finding that Trading Software License Contracts are Securities Within Meaning of Securities Act
The Ontario Superior Court of Justice in Furtak v Ontario (Securities Commission), 2018 ONSC 6616, has upheld the Ontario Securities Commission’s (OSC) merits and sanctions decisions with respect to the Strictrade Offering, which we previously reported…
The Hard Way – SEC announces first penalties and compliance roadmap for unregistered ICOs
On November 16, 2018, the Securities and Exchange Commission (SEC) announced consent orders settling actions in respect of two unregistered initial coin offerings (ICOs), including the first fines levied against non-compliant ICO issuers made by the…
Alberta Securities Commission Introduces Whistleblower Program
On November 19, 2018, the Alberta Securities Commission (ASC) implemented its first whistleblower program (the Program) through the release of ASC Policy 15-602 Whistleblower Program (the Policy) and simultaneous amendments to the Alberta Securities Act (the…
Re Fauth: A Primer on ss. 75(1)(a), 92(4.1) and 93(b) of Alberta’s Securities Act
The Alberta Securities Commission (ASC) recently released its decision in the matter of Re Fauth, finding the respondent, Vernon Ray Fauth (Fauth), in breach of ss. 75(1)(a), 92(4.1) and 93(b) of Alberta’s Securities Act…
Time is of the Essence: Public Interest Considerations on a Motion for Standing to bring a s. 127 Proceeding Before the Ontario Securities Commission
A private party cannot commence a proceeding under s. 127 of the Ontario Securities Act (the “Act”) seeking enforcement remedies as a matter of right. In Pearson (Re), 2018 ONSEC 53 the Ontario Securities Commission provides further guidance concerning…