Corporate and Securities Disputes

Regulation by enforcement: who pays the price?

Who should bear the costs of Ontario Securities Commission enforcement proceedings is emerging as an important issue.

Two years of CIRO: enforcement, harmonization and what’s next

The Canadian Investment Regulatory Organization’s core priorities will be enforcement and regulatory harmonization.

Navigating control transactions: clarifying acceptable conduct boundaries

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

Lack of commonality defeats investor class action alleging breach of fiduciary duty

An Ontario decision highlights the individual inquiries that often exist in proposed class actions involving investors and investment decisions.

Québec insider trading decision discusses transactional certainty for the materiality criterion

The Financial Markets Administrative Tribunal considered insider trading allegations around a proposed takeover of a Canadian energy company.

Materiality in insider trading: recent insights from the Québec Financial Markets Administrative Tribunal

What threshold must a proposed transaction meet to be classified as material non-public information? Pursuant to Québec’s Securities Act,...

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

The Supreme Court of Canada’s recent decision in Poonian v. British Columbia has prompted the B.C. Securities Commission to call for bankruptcy law...

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)...