On July 14, 2016, the Ontario Securities Commission (the “OSC”) broke ground in Canada when it officially launched its widely anticipated Office of th…
Andraws v. Anslow: Reasons for Judgment Must be Adequate to Facilitate Proper Appellate Review
The British Columbia Court of Appeal in Andraws v. Anslow found that a trial judge’s reasons for judgment were inadequate, as they did not allow for m…
No More Kicks at the Discovery Can: Motion to Examine CEO Second Witnesses Denied
On July 5, 2016, Justice Perell of the Ontario Superior Court released a decision in Fischer v IG Investment Management Ltd., which (among other thing…
Legal and industry opposition to U.S. Fiduciary Rule may be a harbinger of developments in Canada with proposed introduction of best interest standard
On June 1, 2016, the U.S. Chamber of Commerce, the Securities Industry and Financial Markets Association (SIFMA) and six other industry and trade grou…
Stuart Budd & Sons Limited v. IFS Vehicle Distributors ULC: Supplemental Reasons Pending Appeal Lead to Reasonable Apprehension of Bias
Although it is trite to say that an appeal is from the order not the reasons, it is nevertheless equally trite that the reasons often provide the basi…
Questions Raised Over the Constitutionality of SEC Administrative Proceedings
As noted in previous articles, Canada and the US have different approaches to regulatory enforcement. Canadian securities regulators overwhelmingly ad…
R. v. Boutilier: Crown’s Right to Appeal the Constitutional Invalidity of Dangerous Offender Provisions of the Criminal Code
In R v. Boutilier, the British Columbia Court of Appeal concluded that the Crown has a right, under s. 759(2) of the Criminal Code, to appeal final de…
Whoa…Not so Fast…Emerging Limits on the Certification of Privacy Class Actions
Canadian courts have generally adopted a liberal and purposive approach to class action certification, and this approach has applied equally to the re…
Will A Big Cost Award in a Securities Class Action Change Reasonable Expectations for All?
Justice Strathy, now the Chief Justice of Ontario, recently awarded plaintiffs more than $2.679 million in costs for their motion for certification an…
U.S. Court Upholds Five-Year Limitation Period for SEC Disgorgement Remedies
The United States Court of Appeals for the Eleventh Circuit held in its late May judgment in SEC v. Graham that the five-year limitation period set ou…
