2 April 2018By Uri Snir
On March 20, 2018, the Ontario Securities Commission (OSC) published a report titled Seniors Strategy. The report develops initiatives and an action plan to better protect senior investors in Ontario. The report is the culmination of extensive research and data collection by the OSC, as it recognizes the growing challenges facing older investors. Babin Bessner Spry’s own Ellen Bessner served on the Seniors Expert Advisory Committee that consulted with the OSC in developing its Seniors Strategy.
26 March 2018By Khrystina McMillan
and Shakaira John
Last week, Manitoba’s Minister of Finance introduced proposed amendments to Manitoba securities legislation that would grant a national investment industry regulator enhanced enforcement powers. If approved, these amendments will make Manitoba the fifth province that has provided self-regulatory organizations (“SROs”) with more robust legal authority in the name of investor protection. It is not clear, however, that the goal of investor protection is actually served by giving SROs more enforcement powers.
19 March 2018By Eden Kaill
The Great Library at the Law Society of Ontario (“LSO”) is many things – a historically significant collection of rare books, an architectural masterpiece hidden in plain sight, and for those looking for an obscure (or not-so obscure but expensive) legal text, an absolute treasure trove. Law students study here, members of the public walk the stacks, any licensed lawyer or paralegal can access any document the library manages, and the knowledgeable staff will even help with research.
12 March 2018By Uri Snir
On February 1, 2018, the Ontario Securities Commission approved Canada’s first exchange traded fund (ETF) that tracks blockchain-based companies. There appear to be at least two additional blockchain ETFs in the pipeline and more will likely follow. Earlier this year, similar ETFs were launched on the New York Stock Exchange and Nasdaq.
6 March 2018By Morgan Westgate
In its recent decision, DBDC Spadina Ltd. v. Walton, the Ontario Court of Appeal clarifies the law on knowing assistance claims that are brought against corporations.
27 February 2018By Cynthia Spry
In Aird & Berlis LLP v. Oravital Inc., the Court of Appeal recently overturned a decision: (1) granting summary judgment to a law firm for unpaid fees and disbursements; and (2) dismissing the counterclaim by the law firm’s former clients (two corporations) alleging negligent provision of legal advice and representation. The decision emphasizes that, even where all parties agree that an action is appropriate for summary judgment, it is nonetheless open to the courts to disagree and order a matter proceed to trial.
20 February 2018By Shakaira John
In an earlier post, we discussed the Ontario Securities Commission’s (“OSC”) Whistleblower Program under OSC Policy 15-601 and, in particular, the OSC’s focus on promoting awareness of whistleblower protections despite criticisms of their efficacy. Recently, legislative amendments gave teeth to whistleblower protections by creating a civil cause of action for reprisals, potentially resolving one of the criticisms of the program (highlighted in our earlier post).
12 February 2018By Khrystina McMillan
I think I was in high school when I first heard the story about a contest held by NASA offering a hefty cash prize to anyone who could invent an anti-gravity pen for use in outer space. While many of the country’s greatest minds set out to design such a “space pen”, pouring millions of dollars and countless hours into the task, according to legend the contest was won by a young child who simply wrote: “Why not use a pencil?”
5 February 2018By Uri Snir
It is increasingly common for Canadians to be living on their own as they enter retirement: it is a living arrangement that some plan for, while others do not. Whether single, separated, divorced or widowed, Canadians who live on their own in retirement face several challenges.
29 January 2018By Khrystina McMillan
In a decision released last Thursday, January 25, 2018, the Ontario Court of Appeal considered for the first time the definition of a “person in a special relationship with an issuer” as it applies to successive tippees who possess inside information. In Finkelstein v Ontario Securities Commission, the Court of Appeal upheld findings of liability and significant sanctions against Howard Miller and Francis Cheng – the final two recipients in a five-person long chain of successive tippees – even though neither Miller nor Cheng knew that the source of the information was an insider. According to the Court of Appeal, however, they ought to have known that they were acting on inside information.