Two recent OSC decisions have sided against securities regulators on issues of documentary disclosure. In one case, an OSC panel found that there had been too much disclosure by OSC staff and, in another case, there had not been enough disclosure.

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Mediators breathed a collective sigh of relief when the Ontario Divisional Court upheld the confidentiality of mediations by refusing to compel a mediator to testify about communications between parties at a mediation. Rudd v. Trossacs Investments

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Rudd v. Trossacs Investments Inc. [1] Last July, Justice Lederman of the Ontario Superior Court of Justice surprised many in making an exception to mediation confidentiality by ordering a mediator to be examined as a witness on a pending motion. Recently, the Divisional Court has granted leave to appeal Lederman J.’s ground-breaking decision in Rudd [...]

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