As we discussed in a previous post, administrative penalties levied by securities commissions may survive a discharge in bankruptcy. A recent decision of the Supreme Court of British Columbia (Court), Poonian (Re), 2020 BCSC 547 (
April 2020
Ontario Court of Appeal Rejects “Family Resemblance Test”; Sets Aside Custodial Sentence
By Admin on
On March 16, 2020, the Ontario Court of Appeal released its highly anticipated decision in the saga concerning the Ontario Securities Commission’s (OSC) prosecution of Daniel Tiffin (Mr. Tiffin). The Court’s decision helps clarify the analysis…
Unreasonable delay and Jordan’s presumptive ceilings – different approach from the SCC on verdict deliberation time
Canadian securities regulators have jurisdiction to lay charges under provincial securities legislation, and have prosecuted serious securities offences criminally. The persons so charged have a right to be tried within a reasonable time. Questions have arisen as to whether or…
The Show Must Go On: The OSC Requires Enforcement Hearing to Continue Notwithstanding COVID-19
By NRF Digital Team on
In a decision released on March 23, 2020, a Hearing Panel of the Ontario Securities Commission (OSC) ruled, over the objections of the respondents, that an oral hearing that had commenced under s. 127 of the Ontario Securities…