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Solar Income Fund Inc. (Re), 2022 ONSEC 2:  Determining when a “Trading and Advising Relationship” Exists

Photo of Stephen Taylor
By Stephen Taylor on May 16, 2022

In Solar Income Fund Inc. (Re), 2022 ONSEC 2 (the Solar Decision)[1] an OSC Hearing Panel considered, among other things, section 44(2) of Ontario’s Securities Act (the Act),[2] which prohibits false or misleading representations that a…

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A Cautionary Tale: A Flawed Cease Trade Order is not an Excuse to Continue Trading

By NRF Digital Team on April 5, 2022

In Alberta Securities Commission v Felgate, 2022 ABCA 107 (Felgate), the Alberta Court of Appeal upheld the conviction of an individual for trading in securities while subject to a cease trade order, notwithstanding though the order was…

A broker’s good faith margin call and the consequences of failing to cover margin

Photo of Sophie Melchers
By Sophie Melchers on April 5, 2022

On February 2, 2022, the Quebec Court of Appeal confirmed in part Mr. Justice Thomas M. Davis’s trial decision in KPH 11 c. Richardson Wealth Limited (Richardson GMP Limited), 2022 QCCA 148 condemning two clients of a securities broker…

US SEC proposes new rules on climate-related disclosures

Photo of Kevin J. Harnisch (US)Photo of Rachel Grogan RoosthPhoto of Juan Felipe Velasquez
By Kevin J. Harnisch (US), Rachel Grogan Roosth & Juan Felipe Velasquez on March 30, 2022

US SEC proposes new rules on climate-related disclosures | United States | Global law firm | Norton Rose Fulbright

Proof of a Guilty Mind is Required to be Convicted for Aiding a Person to Commit an Offence under the Quebec Securities Act

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By Mihnea Bantoiu & Joelle Briand-Diguer on March 4, 2022

At-a-glance

In Heller c. Autorité des marchés financiers, 2022 QCCA 208, the Court of Appeal of Quebec (Court of Appeal) considered whether the offence under section 208 of the Quebec Securities Act (QSA)[1]…

The Fine Line Between a Material Change and a Material Fact

By Admin on February 24, 2022

Earlier this year, the Ontario Superior Court of Justice (ONSC) in Markowich v. Lundin Mining Corporation, 2022 ONSC 81 (Markowich) denied leave to commence a secondary market securities class action under Part XXIII.1 of Ontario’s…

Consequences from Coin Offerings: Ontario Securities Commission Affirms Cryptocurrency’s Status under Canadian Securities Laws

Photo of Stephen Taylor
By Stephen Taylor on February 3, 2022

On December 22, 2021, the Ontario Securities Commission (the OSC) recently released the decision of Miner Edge Inc.(Re), 2021 ONSEC 31 (the Miner Edge Decision).[1]  Although CSA has published guidance on the application of securities laws…

Alberta Court of Appeal Overturns Finding that Administrative Penalty Survives Bankruptcy

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By Aaron Stephenson & Preston Brasch on January 13, 2022

We earlier blogged here about Alberta Securities Commission v Hennig (Hennig QB) in which a chambers judge held that an administrative penalty levied by the Alberta Securities Commission (ASC) survived an individual’s discharge from personal bankruptcy…

Regression Analysis Fails to Save the Day for the Defendant

By Admin on December 23, 2021

On November 2, 2021, the Ontario Divisional Court dismissed a motion for leave to appeal the decision of Justice Morgan, who granted leave to the plaintiff to commence an action under section 138.3 of the Ontario Securities Act (OSA…

From Textual to Contextual: Court of Appeal Affirms the Scope of ‘Public Corrections’ in Statutory Secondary Market Misrepresentation Claims

Photo of Erika AnschuetzPhoto of Lauren Rennie
By Erika Anschuetz & Lauren Rennie on December 21, 2021

In Baldwin v Imperial Metals Corporation, 2021 ONCA 838 (Baldwin), the Ontario Court of Appeal considered the scope of ‘public corrections’ in secondary market misrepresentation claims under Ontario’s Securities Act (the Securities Act) and followed 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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