Deferred or non-prosecution agreements are not a feature of the Canadian enforcement landscape, but are used effectively in a number of other jurisdic…
Divided Court of Appeal Certifies a “Global” Class Action
In Excalibur Special Opportunities LP v Schwartz Levitsky Feldman LLP, a majority of the Court of Appeal for Ontario certified a “globa…
Enerzone Inc. v. Ontario (Revenue): Order refusing to dismiss an appeal without disposing of substantive issues was interlocutory
In Enerzone Inc. v. Ontario (Revenue), the Ontario Court of Appeal quashed the Minister’s appeal on the basis that the motion judge’s order was interl…
CSA Proposes to Discontinue Embedded Commissions for Investment Fund Sales and Transition to Direct Pay Arrangements
On January 10, 2017, the Canadian Securities Administrators (CSA) published for a 150-day comment period
Ignored Employee Turns Key Source in Proceedings Brought Against Former Hedge Fund Bosses
Former Visium Asset Management LP trader, Jason Thorell’s cooperation with the SEC Whistleblower Program and other US federal agencies has suppo…
Significant Amendments to the Rules of the Supreme Court of Canada
On January 1, 2017, the Rules Amending the Rules of the Supreme Court of Canada, SOR/2016-271 (the “Amendments”) and the Guidelines for Pr…
Charges Laid for $1 Billion Investment Fraud – Although Red Flags Existed for Years
Hedge fund founder Mark Nordlicht was charged last December by both the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC…
When can a defendant appeal from the authorization of a class action? The Québec Court of Appeal rules
The new Code of Civil Procedure, in force since January 1st, 2016, brought important changes to the class action regime. By the introductio…
Divisional Court Upholds Significant OSC Insider Trading Case
Recently, we provided a brief update on the release of the Finkelstein v. Ontario (Securities Commission) appeal decision (update available here), whi…
Kukemueller v Ontario (Community Safety and Correctional Services): Deciding a Moot Appeal to Clarify the Law
In Kukemueller v Ontario (Community Safety and Correctional Services), 2016 ONCA 451, the Court of Appeal for Ontario provided brief reasons allowing …
