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SEC SPEAKS: Enforcement’s Planned Use of Aggressive Remedies

Photo of Kevin J. Harnisch (US)Photo of Ilana Beth Sinkin (US)Photo of Devlin Healey
By Kevin J. Harnisch (US), Ilana Beth Sinkin (US) & Devlin Healey on October 26, 2021

In his remarks at SEC Speaks 2021 on October 13, 2021, the Securities and Exchange Commission’s (“SEC”)’s new Director of Enforcement, Gurbir Grewal, discussed the waning public trust in “our financial markets” and the “near historic lows” of confidence in…

No Stay of Financial Markets Administrative Tribunal Orders Freezing Bank Accounts and Suspending Rights Granted by Registration Pending Appeal

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By Sophie Melchers on October 20, 2021

Alteon Senat c. Autorité des marchés financiers, 2021 QCCQ 7090 (CanLII), https://canlii.ca/t/jhnl5

(Available in French only)

No Stay of Financial Markets Administrative Tribunal Orders Freezing Bank Accounts and Suspending Rights Granted by Registration Pending Appeal

FACTS

After having…

The Courts’ Expectations of the Parties to a Lavallée Protocol when Technological Documents are Seized

Photo of Sophie Melchers
By Sophie Melchers on February 12, 2021

In 2002, the Supreme Court of Canada developed a protocol to be applied whenever a search warrant was executed and some of the documents seized could potentially contain privileged information, in the case of Lavallee, Rackel & Heintz v. Canada…

Re Rustulka: Registrants’ Suitability Obligations Under Securities Law

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By Elana Friedman on July 10, 2020

In Re Rustulka, 2020 ABASC 93, a hearing panel of the Alberta Securities Commission (the Commission) determined that a former exempt market dealing representative breached his “know your client” (KYC) and suitability obligations under Alberta securities…

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The Quebec Court of Appeal provides useful guidance as to when a regulatory audit may actually be a penal investigation in disguise

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By Dominic Dupoy (CA) on May 29, 2020

Introduction

If you are involved in securities litigation, you know how important it is to distinguish between regulatory audit and penal investigation.

If the regulator is conducting an audit to ascertain whether a corporation or its officers comply with securities…

Ontario Court of Appeal Rejects “Family Resemblance Test”; Sets Aside Custodial Sentence

By Admin on April 10, 2020

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…

Quebec Court of Appeal confirms administrative penalties applications not subject to general rules of prescription

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By Caroline Larouche on March 26, 2020

The Quebec Court of Appeal recently dismissed the appeals launched by directors and officers of a reporting issuer, Nstein Technologies, against two judgments rendered by the Court of Quebec in a statutory appeal of a judgment by the Quebec securities…

Stung By Deceit: Re Natural Bee Works Apiaries Inc.

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By Ted Brook on October 4, 2019

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…

The Hard Way – SEC announces first penalties and compliance roadmap for unregistered ICOs

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By Andrew McCoomb on November 22, 2018

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…

A Cautionary Tale for Defendants Opposing Certification

By Admin on October 9, 2017

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

…

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In this blog, litigators from Norton Rose Fulbright offices in both Canada and the United States comment upon domestic developments in securities litigation in both countries and cross border issues. Among other things, we deliver insights on recent securities law decisions, amendments to securities statutes and regulations, securities class actions and cross border developments. We have broad experience and international expertise in these matters and are frequently called upon for advice in high-profile securities litigation, enforcement proceedings and internal investigations. Stay connected with Securities litigation and enforcement and subscribe to the blog today.

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