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Can An Opinion Be A Misrepresentation? It Depends On What You Include In It. How Misrepresentations Made In Opinions Are Treated Under S. 138.3 Of The Securities Act
The defendants had also argued that there could not have been a correction of a misrepresentation because the original July 26, 2012 statement was a legal opinion and not a misrepresentation.
17 Oct 2019
IIROC Guidance Highlights Limitations On Limitation Of Liability Clauses In Retail Client Account Agreements
IIROC guidance highlights limitations on limitation of liability clauses in retail client account agreements.
14 Oct 2019
Foreign Online Trading Platforms Pay Steep Fines To OSC
The Ontario Securities Commission recently approved settlement agreements with two online trading platforms that were alleged to have contravened Ontario securities laws...
8 Oct 2019
Superior Court Sentences Trader To Six Months Incarceration For Trading In Promissory Notes Despite Securities Trading Ban
On September 26th, Justice Charney of the Ontario Superior Court of Justice released his sentencing decision in the Ontario Securities Commission v. Tiffin.
8 Jan 2019
Supreme Court Of Canada Rules Proposed National Securities Regulator Is Constitutional
Canada is one of the only industrialized countries in the world that does not have a national securities regulator
8 Jan 2019
Court Of Appeal Upholds Stay Of Secondary Market Misrepresentation Claim On Jurisdictional Grounds
The Court of Appeal recently upheld the stay of a proposed shareholder class action for lack of jurisdiction.
20 Aug 2018
Ignorance Is Not Bliss: Market Registrants Beware
This case arose out of the OSC's administrative proceedings against five individuals, including Miller and Cheng.
17 Apr 2018
Simply Creating A Website For A Business Is Not Unregistered Trading Or "An Act In Furtherance Of A Trade", Court Rules
Mark Lowman and Dave Jarrett made a website for a new company created for a waste to energy project that planned to be listed on the stock exchange in the future.
12 Apr 2018
Ontario Court Of Appeal (Again) Clarifies The Limitation Period For Secondary Market Shareholder Claims Under The OSA
Part XXIII.1 of the Ontario Securities Act creating a statutory cause of action for misrepresentation for purchasers of securities on the secondary market (i.e. a stock market) was enacted more than 13 years ago to much fanfare.
11 Apr 2018
IIROC And MFDA Can Now Collect Fines In Court
IIROC and the MFDA are the primary SROs in the investment industry.
22 Jan 2018
Proposed Shareholder Class Action Stayed Due To Lack Of Jurisdiction
A proposed shareholder class action against HSBC Holdings plc was recently stopped in its tracks by the Ontario Superior Court due to a lack of jurisdiction.
29 Nov 2017
Christopher Somerville Interviewed On Law Times TV: What happens When Social Media And Securities Law Intersect? (Video)
Christopher Somerville, Associate at Affleck Greene McMurtry LLP, was interviewed for Law Times TV feature: What happens when social media and securities law intersect?, August 21, 2017.
25 Aug 2017
Self-Regulatory Organizations May Be Able To Collect Fines In Court
In its recently published Budget for 2017, the Ontario Government is proposing to allow SROs, such as the MFDA and the IIROC to file their disciplinary decisions with the court ...
2 May 2017
Worth The Wait? National Security Guidelines Finally Published Under The Investment Canada Act
The federal government has finally issued long-awaited Guidelines on the National Security Review of Investments, which clarify its approach to the national security review regime...
28 Dec 2016
Abuse Of Dominance Investigation Discontinued Against TMX
Securities market data provides trading-related information for publicly listed securities and allows market participants to make informed investment decisions.
5 Dec 2016
Allied Nevada Plaintiffs Denied Leave To Advance Securities Act Claims Against Underwriters
In a recent decision, Ontario Superior Court Justice Edward P. Belobaba found that two investment dealers are not experts under the Ontario Securities Act – and they couldn't be happier about it.
3 Jun 2016
Lenders' Misrepresentation Claim Against Auditor Summarily Dismissed
In the latest chapter in an almost 20-year-old saga involving Philip Services Corp. ("Philip") and an accounting fraud uncovered in 1998, Ontario Superior Court Justice Perell summarily dismissed a negligent misrepresentation claim brought against Philip's auditor, Deloitte & Touche ("Deloitte").
25 Feb 2016
After The Storm: Only CIBC And IMAX Class Actions Survive
The Supreme Court did not need to clarify the law for class actions after July 24, 2014. On that date, an Ontario legislative amendment confirmed that securities class actions no longer need leave within three years.
14 Dec 2015
Ontario's Top Court Affirms Denial Of Leave To Amend Claim In Secondary Market Misrepresentation Class Action
The requirement for leave of the court in order to proceed with secondary market claims under Part XXIII.1 of the Securities Act continues to evolve and be the subject of extensive judicial commentary almost ten years after it came into force. In facilitating class actions by purchasers of securities on the secondary market, Part XXIII
3 Dec 2015
It’s No Lie: Supreme Court Recognizes Contractual Duty Of Good Faith
The Supreme Court of Canada’s decision in Bhasin v. Hrynew significantly evolves the common law of contract by recognizing a general common law duty of good faith contractual performance, and in particular a specific duty to act honestly in the performance of contractual obligations.
20 Nov 2014
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