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Articles by Ted Brook
Ciao, Ontario! SCC denies Ontario courts’ jurisdiction where contractual link to Ontario is insufficient
On July 31, the Supreme Court of Canada released its judgment in , clarifying when Canadian courts have jurisdiction over a legal proceeding. The decision is of particular interest to businesses based outside of Canada, or with ties to Canada, who may be required to defend against proceedings commenced in Canada.
Ontario Court Of Appeal Clarifies That The Test To Continue A Freeze Order Under The Ontario Securities Act Has A Lower Standard Than The Test For Reasonable And Probable Cause. - Corporate/Commercial Law - Canada
Canada: Ontario Court Of Appeal Clarifies That The Test To Continue A Freeze Order Under The Ontario Securities Act Has A Lower Standard Than The Test For Reasonable And Probable Cause. 02 June 2021 by Ted Brook and Aaron Chahal Norton Rose Fulbright Canada LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. In Qin v.
Ontario Court of Appeal clarifies that the test to continue a freeze order under the Ontario Securities Act has a lower standard than the test for reasonable and probable cause.
In Qin v. Ontario Securities Commission, 2021 ONCA 165 (“Qin”), the Ontario Court of Appeal considered whether a prior judicial finding that a freeze order under s. 126(5.1) of the Ontario Securities Act was “reasonable and expedient” in the circumstances precluded a party from arguing in a malicious prosecution claim that the Ontario Securities Commission did not have “reasonable and probable cause” to commence proceedings under s. 127 of the Act.
Ontario Court of Appeal clarifies that the test to continue a freeze order under the Ontario Securities Act has a lower standard than the test for reasonable and probable cause.
In Qin v. Ontario Securities Commission, 2021 ONCA 165 (“Qin”), the Ontario Court of Appeal considered whether a prior judicial finding that a freeze order under s. 126(5.1) of the Ontario Securities Act was “reasonable and expedient” in the circumstances precluded a party from arguing in a malicious prosecution claim that the Ontario Securities Commission did not have “reasonable and probable cause” to commence proceedings under s. 127 of the Act.
Divided Supreme Court Finds Greenhouse Gas Pollution Pricing Act Constitutional
To print this article, all you need is to be registered or login on Mondaq.com. In a split 6-3 decision released today, the Supreme Court of Canada found the federal Greenhouse Gas Pollution Pricing Act (“GGPPA”) to be constitutional.
The Obligation To Disclose Documents In The Possession Of Third Parties: IIROC V. Crandall - Corporate/Commercial Law - Canada
To print this article, all you need is to be registered or login on Mondaq.com. In IIROC v.
The Obligation to Disclose Documents in the Possession of Third Parties: IIROC v. Crandall
In IIROC v. Crandall, 2020 NBCA 76 (Crandall), the New Brunswick Court of Appeal overturned a 2019 decision of the Financial and Consumer Services Tribunal (the Tribunal) in which the Tribunal found that the Investment Industry Regulatory Organization of Canada (IIROC) had breached its duty of fairness owed to one of its members by failing to disclose documents in the possession of the member’s former employer during enforcement proceedings.
Strong Medicine And A Bitter Pill: Ontario Court Upholds Shotgun Clause Despite COVID-19 Pandemic - Food, Drugs, Healthcare, Life Sciences - Canada
To print this article, all you need is to be registered or login on Mondaq.com. Amid the deluge of high-profile 2020 decisions relating to the impact of COVID-19, there have been some less publicized but nevertheless instructive judgments on more conventional commercial issues. One such example is FSC (Annex) Limited Partnership, 2020 ONSC 5055, which dealt with a dispute over the effect of a shotgun buy/sell clause concerning a real estate development project.
The Context Of Materiality In Secondary Market Misrepresentation Claims: Miller v. FSD Pharma Inc. Securities Class Action
Canada: The Context Of Materiality In Secondary Market Misrepresentation Claims: Miller v. FSD Pharma Inc. Securities Class Action 13 November 2020 by Ted Brook and Tiana Corovic Norton Rose Fulbright Canada LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. In Miller v. FSD Pharma Inc. (Miller), a decision released June 23, 2020, Morgan J.
The Context of Materiality in Secondary Market Misrepresentation Claims: Miller v. FSD Pharma Inc. Securities Class Action
In Miller v. FSD Pharma Inc. (Miller), a decision released June 23, 2020, Morgan J. of the Ontario Superior Court of Justice granted leave to proceed with a putative secondary market securities class action under s. 138.3 of Part XXIII.1 of the Ontario Securities Act (OSA) against FSD Pharma Inc. (FSD), a new entrant into the Ontario cannabis production market.[1] The Miller decision is significant for two reasons.
The Context of Materiality in Secondary Market Misrepresentation Claims: Miller v. FSD Pharma Inc. Securities Class Action
In Miller v. FSD Pharma Inc. (Miller), a decision released June 23, 2020, Morgan J. of the Ontario Superior Court of Justice granted leave to proceed with a putative secondary market securities class action under s. 138.3 of Part XXIII.1 of the Ontario Securities Act (OSA) against FSD Pharma Inc. (FSD), a new entrant into the Ontario cannabis production market.[1] The Miller decision is significant for two reasons.
Significant amendments coming to Ontario’s Class Proceedings Act, 1992
On July 8, Bill 161, the Smarter and Stronger Justice Act, 2020 (the SSJA), passed a third reading in the Ontario provincial legislature and received royal assent, becoming law. The SSJA includes significant amendments to Ontario’s Class Proceedings Act, 1992 (CPA), marking the first time that Ontario’s class action legislation has undergone major changes since its enactment over 27 years ago. To learn more about these amendments, please refer to our legal update.
Significant amendments coming to Ontario’s Class Proceedings Act, 1992
On July 8, Bill 161, the Smarter and Stronger Justice Act, 2020 (the SSJA), passed a third reading in the Ontario provincial legislature and received royal assent, becoming law. The SSJA includes significant amendments to Ontario’s Class Proceedings Act, 1992 (CPA), marking the first time that Ontario’s class action legislation has undergone major changes since its enactment over 27 years ago. To learn more about these amendments, please refer to our legal update.
Ontario Passes Significant Amendments To Class Proceedings Act
To print this article, all you need is to be registered or login on Mondaq.com. On July 8, Bill 161, the Smarter and Stronger Justice Act, 2020 (the SSJA), passed a third reading in the Ontario provincial legislature and received royal assent, becoming law. The SSJA includes significant amendments to Ontario's Class Proceedings Act, 1992 (CPA), marking the first time that Ontario's class action legislation has undergone major changes since its enactment over 27 years ago.
COVID-19 Scams On The Rise And Enforcement On The Horizon - Coronavirus (COVID-19) - Canada
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COVID-19 Scams on the Rise and Enforcement on the Horizon
As COVID-19 continues to impact capital markets around the world, securities regulators in North America are responding to an increasing number of securities-related scams. Provincial securities regulators across Canada, as well as the United States Securities and Exchange Commission, have now issued official warnings about fraudulent investment offerings and other scams that target investors.
COVID-19 Scams on the Rise and Enforcement on the Horizon
As COVID-19 continues to impact capital markets around the world, securities regulators in North America are responding to an increasing number of securities-related scams. Provincial securities regulators across Canada, as well as the United States Securities and Exchange Commission, have now issued official warnings about fraudulent investment offerings and other scams that target investors.
Constitutional Chutzpah? Alberta Court Of Appeal Finds Greenhouse Gas Pollution Pricing Act Unconstitutional
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Climate Change And Canadian Federalism: Previewing The Arguments To The Supreme Court Of Canada Regarding The Constitutionality Of Parliament's Greenhouse Gas Pollution Pricing Act - Environment - Canada
To print this article, all you need is to be registered or login on Mondaq.com. SUPREME COURT TO HEAR GGPPA CASE Climate change is coming to the Supreme Court of Canada.
Stung By Deceit: Re Natural Bee Works Apiaries Inc.
On July 3, 2019 the Ontario Securities Commission (“OSC”) released its decision in Re Natural Bee Works Apiaries Inc., 2019 ONSEC 23 (“Natural Bee”). Natural Bee provides useful guidance concerning proof of falsity and participation in a fraudulent scheme under section 126.1(1) of the Ontario Securities Act (the “Act”). Background In Natural Bee, OSC Staff alleged that Natural Bee Works Apiaries Inc.
IIROC’s 2018 Enforcement Report: Strengthening Enforcement Authority Across Canada
Overview On May 16, 2019, the Investment Industry Regulatory Organization of Canada (IIROC) published its 2018 Enforcement Report (the Report). The Report summarizes IIROC’s enforcement activities in 2018 and provides an update on the progress of IIROC’s enforcement priorities, chief among which has been the strengthening of IIROC’s legal authority and enforcement powers across Canada. Enforcement Activities IIROC conducted 127 investigations in 2018, 40% of which resulted in prosecutions.
The Digital Dilemma: Cybersecurity and Boardroom Best Practices in the Technological Age
Earlier this year, Commissioner Robert Jackson Jr. of the US Securities and Exchange Commission declared that cybersecurity is “the most pressing issue in corporate governance today.” Indeed, widespread digitization has fundamentally transformed the way that people do business, ushering in new heights of efficiency and connectivity. It has also created significant risk management issues for public companies in all sectors, from securing consumer information to responding to data breaches.
Ontario Court Imposes Custodial Sentence for Securities Act Offences
The Ontario Superior Court of Justice has released what appears to be the final chapter in the Ontario Securities Commission’s (OSC) prosecution of Daniel Emerson Tiffin and Tiffin Financial Corporation. Background In July 2014, the Ontario Securities Commission’s administrative proceedings against Rezwealth Financial Services Inc., Pamela Ramoutar, Justin Ramoutar, Tiffin Financial Corporation, Daniel Tiffin, 2150129 Ontario Inc., Sylvan Blackett, 1778445 Ontario Inc.
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