A U.S. District Court has approved a settlement between the Securities and Exchange Commission (SEC) and the directing minds behind the PlexCoin initi…
Reducing Regulatory Burden for Investment Fund Issuers – Phase 2, Stage 1
On September 12, 2019, the Canadian Securities Administrators (CSA) published for comment CSA Notice and Request for Comment Reducing Regulatory B…
Ontario establishes a Serious Fraud Office
At the end of August the Government of Ontario launched a new organization tasked with investigating and prosecuting complex white-collar crime. The S…
Deviating from Whistleblower Programs may have more risk than payoff
The whistleblower at the heart of the multi-billion dollar Madoff fraud has set his sights on a new target; General Electric Co. Harry Markopolos is t…
SFO issues new guidance on corporate cooperation
On August 6, 2019, the U.K.’s Serious Fraud Office (the SFO) – the U.K’s primary enforcement authority for economic crimes – &…
OSC Burden Reduction Initiative – Focusing on ‘Principles’ for more responsive and effective regulation
The Ontario Securities Commission’s Burden Reduction Initiative emphasizes the centrality of a risk and principle-based focus to effective capit…
What happens when an appellate court releases reasons in error
We deal extensively with appellate practice and procedure in Sopinka and Gelowitz on the Conduct of an Appeal, 4th Edition, but occasionally …
Saskatchewan Court of Appeal confirms that “General Causation” need not be certified as a common issue in failure to warn class actions
In Bayer Inc v Tluchak Estate, the Saskatchewan Court of Queen’s Bench certified a class action involving the prescription anticoagulan…
Court highlights value of first-settling defendant co-operation in “ice breaker” settlements
In a recent decision from the Ontario Superior Court of Justice, Di Filippo and Caron v. Bank of Nova Scotia et al, 2019 ONSC 3282 (Di Fi…
When does “good faith” limit a company’s choices?
In 2014, the Supreme Court released its ground-breaking decision to recognize a common law duty of good faith in the performance of contracts in B…
