Topic: Uncategorized

A Cautionary Tale for Defendants Opposing Certification

By Geoff Mens on October 9, 2017 Posted in Class actions, Uncategorized

Perhaps in tongue and cheek, perhaps not, Perell J. begins his decision in Berg v. Canadian Hockey League, 2017 ONSC 5382, by quoting Winston Churchill’s famous World War II speech : We shall defend our island, whatever the cost may be, we shall fight on the beaches, we shall fight on the landing grounds, we … Continue reading

“Substance over form” in defining a security

By Admin on November 1, 2016 Posted in Legislation, rules and policies, Other developments, Uncategorized

What constitutes a “security” under the Ontario Securities Act? In Ontario (Securities Commission) v Tiffin, 2016 ONCJ 543, the accused was charged with three offences under the Act for issuing a number of promissory notes while prohibited from trading in securities. Under the Act, security is defined to include “a bond, debenture, note or other … Continue reading

A house divided: The Canadian Securities Administrators’ “best interest” standard proposal

By Linda Fuerst on April 1, 2016 Posted in Uncategorized

On April 28, 2016, the Canadian Securities Administrators (CSA) released its long-awaited Consultation Paper 33-404: Proposals to Enhance the Obligations of Advisers, Dealers and Representatives Toward Their Clients. Consultation Paper 33-404 is the continuation of a four-year project to consider the introduction of a best interest standard for investment advisers and dealers in Canada. The … Continue reading