The recent unanimous Quebec Court of Appeal’s decision in Salko c. Financière Banque Nationale inc.[1] is the first appellate court decision addressing the scope of the exemptions from the application of the CPA set out at section 6a) of
Securities regulatory decisions
SEC reinstates simultaneous consideration of enforcement settlements and waiver requests
On September 26, 2025, the Securities and Exchange Commission (SEC) reinstated its 2019 policy of simultaneously considering offers to settle enforcement actions and requests for waivers of collateral consequences of those actions, reversing a 2021 shift that had…
Coordinated market manipulation between an officer and a shareholder
Invitation to jointly purchase a condo or rental property to generate a return through renting or selling it qualifies as distribution of an investment contract under the Quebec Securities Act
On January 29, 2025, the Financial Markets Administrative Tribunal (the TMF) found that Ms. Alteon Senat, a representative of a mutual fund dealer and representative in insurance of persons, breached multiple provisions of the Securities Act (the QSA)…
False or Misleading Public Statements Made by Reporting Issuers in the Tech Industry
Earlier this year, the Ontario Capital Markets Tribunal (the Tribunal), accepted a joint settlement agreement[1] submitted by Staff of the Ontario Securities Commission (Staff) and defendant Raymond Pomroy (Pomroy), who had been accused of…
Acceleration of Regulatory Scrutiny Towards Crypto Assets Trading Platforms
In the last year, Québec’s Financial Markets Administrative Tribunal (the TMF) has emphasized that crypto asset trading platforms must comply with all applicable securities and derivatives regulations. Otherwise, in accordance with the TMF’s mission to protect the public and…
Quebec’s Financial Markets Administrative Tribunal imposes exemplary penalties and sanctions on individuals who committed insider trading violations in the midst of a going-private transaction
In Autorité des marchés financiers (AMF) c. Gauthier,[1] Quebec’s Financial Markets Administrative Tribunal (TMF) ruled that Philippe Gauthier (Gauthier) and Frédéric Racine (Racine) committed insider trading violations on the basis…
Insider trading: the U.S. SEC’s “shadow trading” doctrine and its potential impacts in Canada
On April 5, 2024, in the case of the SEC v. Panuwat (Panuwat),[1] the U.S. Securities and Exchange Commission (the SEC) convinced a jury for the very first time of its “shadow trading” doctrine, according to…
Fibrek Quebec Court of Appeal Highlights Importance of Market Prices in Dissent Right Valuation Proceedings
On February 2, 2024, the Quebec Court of Appeal issued its unanimous decision reducing the fair value of the Fibrek shares by 20% and emphasizing the importance of market prices in determining fair value.
Overview of the main facts discussed …
Supreme Court of Canada recognizes cross-border challenges of modern securities regulation: the “Real and Substantial Connection” test applied in Sharp v. Autorité des marchés financiers, 2023 SCC 29
In Sharp v. Autorité des marchés financiers, 2023 SCC 29, the Supreme Court of Canada recognized the transnational nature of modern securities regulation in holding there was a “real and substantial connection” between alleged perpetrators of a “pump-and-dump”…