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”
Ted Brook
Ted Brook is a litigation lawyer in Toronto with a focus on complex commercial disputes and contested regulatory matters. Ted has argued a wide variety of commercial and public law cases before the Ontario Court of Jusice, the Ontario Small Claims Court, the Ontario Superior Court of Justice, the Federal Court (Canada) and the Federal Court of Appeal (Canada).
Ted served as a law clerk for the Ontario Superior Court of Justice in Toronto, where he worked closely with trial judges on complex civil actions, multi-party commercial disputes and proceedings under the CCAA. He also assisted with a wide variety of administrative law matters before the Ontario Divisional Court, including judicial reviews and statutory appeals.
The Obligation to Disclose Documents in the Possession of Third Parties: IIROC v. Crandall
In IIROC v. Crandall, 2020 NBCA 76 (Crandall), the New Brunswick Court of Appeal overturned a 2019 decision of the Financial and Consumer Services Tribunal (the Tribunal) in which the Tribunal found that the Investment Industry…
The Context of Materiality in Secondary Market Misrepresentation Claims: Miller v. FSD Pharma Inc. Securities Class Action
In Miller v. FSD Pharma Inc. (Miller), a decision released June 23, 2020, Morgan J. of the Ontario Superior Court of Justice granted leave to proceed with a putative secondary market securities class action under s. 138.3…
Significant amendments coming to Ontario’s Class Proceedings Act, 1992
On July 8, Bill 161, the Smarter and Stronger Justice Act, 2020 (the SSJA), passed a third reading in the Ontario provincial legislature and received royal assent, becoming law.
The SSJA includes significant amendments to Ontario’s Class Proceedings Act, 1992…
COVID-19 Scams on the Rise and Enforcement on the Horizon
As COVID-19 continues to impact capital markets around the world, securities regulators in North America are responding to an increasing number of securities-related scams. Provincial securities regulators across Canada, as well as the United States Securities and Exchange Commission, have…
Stung By Deceit: Re Natural Bee Works Apiaries Inc.
On July 3, 2019 the Ontario Securities Commission (“OSC”) released its decision in Re Natural Bee Works Apiaries Inc., 2019 ONSEC 23 (“Natural Bee”). Natural Bee provides useful guidance concerning proof of falsity and participation…
IIROC’s 2018 Enforcement Report: Strengthening Enforcement Authority Across Canada
Overview
On May 16, 2019, the Investment Industry Regulatory Organization of Canada (IIROC) published its 2018 Enforcement Report (the Report). The Report summarizes IIROC’s enforcement activities in 2018 and provides an update on the progress of IIROC’s…
Ontario Court Imposes Custodial Sentence for Securities Act Offences
The Ontario Superior Court of Justice has released what appears to be the final chapter in the Ontario Securities Commission’s (OSC) prosecution of Daniel Emerson Tiffin and Tiffin Financial Corporation.
Background
In July 2014, the Ontario Securities Commission’s…
IIROC Seeks Public Comment on Proposed New Disciplinary Options
On February 22, 2018, the Investment Industry Regulatory Organization of Canada (IIROC) announced that it was launching a public consultation on two new disciplinary approaches for dealing with minor violations of IIROC rules and the resolution of disciplinary…