The U.S. Commodity Futures Trading Commission (CFTC) announced on August 2, 2018 that it had made multiple whistleblower awards totalling more than $4…
Federal Court of Appeal develops “narrow” expansion of appellate jurisdiction
In Canada (Citizenship and Immigration) v. Tennant, 2018 FCA 132, the Federal Court of Appeal developed a narrow exception to the seemingly a…
Alberta Securities Commission dismisses application for interim cease trade order against shortseller for disparaging tweets
On August 15, 2018, a two-member panel of the Alberta Securities Commission (“ASC”) dismissed an interim cease trade appl…
Tesla CEO Elon Musk’s tweet raised alarms about a potential securities violation
On August 7, Tesla co-founder and CEO Elon Musk tweeted “Am considering taking Tesla private at $420. Funding Secured.” Mr. Musk has a wid…
BC Court of Appeal sets aside certification in Basyal v Mac’s Convenience Stores Inc
We previously wrote about the B.C. Supreme Court’s order in Basyal v Mac’s Convenience Stores Inc., which certified a class actio…
OSC issues long-awaited sanctions decision in Sino-Forest case
A year after issuing its ruling on the merits, the Ontario Securities Commission has handed down its decision on punishments for the former management…
Contractual interpretation of mandatory statutory terms is a question of law
In CHN Canada Ltd. v. Chesterman Farm Equipment Ltd., 2018 ONCA 637, the Court of Appeal for Ontario confirmed that the interpretation of an …
IIROC’s enforcement authority gets a stronger legal backbone
The Investment Industry Regulatory Organization of Canada (IIROC) recently released its 2017 Enforcement Report. Chief among this past year&…
Differential treatment in pension and benefit plans based on date of hire now prohibited in Québec (or is it really?)
The differences in pension and employee benefits between younger workers and more experienced workers have become one of the dominant political issues…
Disclosure of forensic experts’ findings in data breach class action results in waiver of privilege
A recent decision in a data breach class action highlights potential challenges in maintaining privilege over reports prepared by third party forensic…
