Teresa Tomchak Teresa Tomchak

Privilege protocols as a legal imperative: implications of Lamarche v. British Columbia (Securities Commission) for regulators

The B.C. Court of Appeal in Lamarche stresses the vital need for regulators to protect privileged documents during investigations.

Abuse of process: the continuing saga of Morabito

The B.C. Court of Appeal has found a blended hearing of an abuse of process claim and an insider trading claim to be “fundamentally flawed”.

Navigating control transactions: clarifying acceptable conduct boundaries

We review recent Canadian securities regulatory authority decisions that impact control transactions.

Will new powers lead to more effective capital markets regulatory enforcement?

With broader investigative and enforcement powers, securities regulators levied increased sanctions in 2024.

Aggressive enforcement by securities regulators continues

A recent decision of the Supreme Court of British Columbia granted a Mareva injunction, freezing the assets of the defendant. The required...

‘Deal with this escape hatch’ – B.C. Securities Commission calls for bankruptcy law reform following Supreme Court of Canada decision

The recent decision in Poonian v. British Columbia has prompted the B.C. Securities Commission to call for bankruptcy law reform.

Supreme Court of Canada decision impacts Securities Commissions’ ability to collect from bankrupt transgressors

On July 31, 2024, the Supreme Court of Canada ruled on whether financial sanctions imposed by securities regulators are dischargeable through...

Brar: contempt proceedings against uncooperative witnesses by the B.C. Securities Commission are constitutional

The British Columbia Court of Appeal has affirmed that the power of the province’s Securities Commission to compel evidence from witnesses and,...

B.C. Securities Commission issues first administrative penalty under new regime

On November 17, 2023, the B.C. Securities Commission (the BCSC) issued a $12,000 administrative penalty to Capstone Asset Management Inc. (Capstone)...

Trends in shareholder activism

In this episode of the podcast, guest host Teresa Tomchak, a partner in the litigation group at Osler, and David Salmon, President of Laurel Hill...