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Not ready yet: OSC rejects bitcoin fund prospectus

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By Andrew McCoomb on April 23, 2019

On February 15, 2019, the Ontario Securities Commission issued a decision in which it refused to issue a receipt for a prospectus filing made by 3iQ Corp. (3iQ) in respect of The Bitcoin Fund (the Fund).  The…

Ontario Securities Commission awards whistleblowers $7.5 million in first ever payout

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By Peter Tae-Min Choi on March 19, 2019

On July 14, 2016, the Ontario Securities Commission (OSC) launched the Whistleblower Program (the Program). Under the Program, individuals that provide information on violations of Ontario’s securities law to the OSC are eligible for awards of between…

Re Meharchand: An affirmation of fundamental securities law principles

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By Peter Tae-Min Choi on March 14, 2019

On October 19, 2018, the Ontario Securities Commission (OSC) issued reasons for Re Meharchand, a case confirming core concepts in securities law including the definition of an “investment contract”, registration when in the business of selling securities,…

Ontario Court of Appeal Grants Leave to Appeal Tiffin Decision: Will Determine Role of the “Family Resemblance” Test in Defining Securities under the Securities Act

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By Erika Anschuetz on December 27, 2018

It seems that the saga of the Ontario Securities Commission’s prosecution of Daniel Emerson Tiffin and Tiffin Financial Corporation is not over yet.  On November 28, 2018 (2018 ONCA 953), the Ontario Court of Appeal granted leave to…

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Crime Doesn’t Pay: OSC Permanently Bans Convicted Fraudster

By NRF Digital Team on December 6, 2018

On November 26, 2018, the Ontario Securities Commission (OSC) issued an order permanently prohibiting Daniel Reeve, a financial planner based in the Kitchener, Ontario area, from participation in Ontario’s capital markets, including trading in any securities and becoming…

Divisional Court Upholds OSC Finding that Trading Software License Contracts are Securities Within Meaning of Securities Act

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By Erika Anschuetz on November 29, 2018

The Ontario Superior Court of Justice in Furtak v Ontario (Securities Commission), 2018 ONSC 6616, has upheld the Ontario Securities Commission’s (OSC) merits and sanctions decisions with respect to the Strictrade Offering, which we previously reported…

Motions for Further Disclosure in OSC Proceedings: Privilege, Relevance and Proportionality

By NRF Digital Team on October 18, 2018

In a recent decision of the OSC in Re Caldwell Investment Management Ltd. (October 12, 2018), a hearing panel (the “Panel”) denied a motion by Caldwell Investment Management Inc. (“Caldwell”) for further pre-hearing disclosure from OSC Staff. The motion…

Ontario Court Imposes Custodial Sentence for Securities Act Offences

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By Ted Brook on October 10, 2018

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…

Ontario Securities Commission confirms test for severance

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By Fahad Siddiqui on August 4, 2018

In a decision issued on July 24, 2018, the Ontario Securities Commission held that the test to determine whether a respondent’s case should be severed and heard separately is the same test used in criminal proceedings.

The decision, Hutchinson (Re)…

Ontario Court Rejects “Family Resemblance” Test for Defining Securities under the Securities Act

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By Michael Bookman on May 29, 2018

On May 15, 2018, the Ontario Superior Court of Justice in Ontario Securities Commission v. Tiffin confirmed that the “family resemblance” test cannot be used to answer one of the central questions of securities law: what constitutes a security?

Background…

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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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