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AGM :: Affleck Greene McMurtry LLP

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Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com

OSC announces “no-contest” settlement program

The Ontario Securities Commission decided it will now settle enforcement proceedings in some cases without requiring admissions of fault (announced on March 11, 2014). This changes the OSC’s prior practice of generally requiring parties subject to enforcement to openly admit misconduct before the OSC would settle the enforcement proceeding. This remains the practice if the accused has committed fraud or other serious misconduct. But in other cases (explained in OSC Staff Notice 15-702), for example if a company self-reports a lesser compliance issue and pays necessary compensation, the OSC may resolve charges against the company without requiring it to say it did anything wrong. The final settlement must still be approved by an OSC hearing panel. The United States Securities [...] Full article

“Green” Light for Class Actions? Court of Appeal Overturns Sharma v. Timminco

Securities class actions have come full circle. Two years ago, a ”thunderbolt” decision from the Ontario Court of Appeal barred class actions for secondary market misrepresentation under the Ontario Securities Act unless the plaintiffs won the [...] Full article

Reasonable Limitation: Supreme Court defers to BC Securities Commission

A recent Supreme Court decision showed the power of provincial securities commissions. In McLean v. British Columbia (Securities Commission) (2013 SCC 67, available here), McLean challenged the BC Securities Commission’s 2010 decision [...] Full article

Class Curtailed – U.S. Settlement Results in Significant Amendment to Class Definition in IMAX

Plaintiff class action lawyers were unable to convince the Divisional Court to grant leave to appeal an earlier decision of the Superior Court of Justice in which Justice van Rensberg significantly reduced the size of the plaintiff class in Silver v. IMAX. Full article


Securities Litigation Contributors

Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Kenneth (Ken) Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. With more than 12 years of experience, Ken has appeared before all levels of courts in Ontario, including the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada.

Contributor's Profile

Peter R. Greene

Peter R. Greene

Affleck Greene McMurtry LLP

Peter is a widely recognized and renowned litigator with substantial expertise in high profile and complex Commercial Litigation at the trial and appellate levels.

Contributor's Profile

Meredith Hayward

Meredith Hayward

Affleck Greene McMurtry LLP

Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.

Contributor's Profile

W. Michael G. Osborne

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael is a respected and practised litigator who acts for and advises parties in a wide range of competition matters, a variety of commercial disputes, including contractual disputes, shareholders' disputes, commercial fraud, and employment matters, and also in administrative law and constitutional issues. Michael has been admitted as a Fellow of the Chartered Institute of Arbitrators (UK). Michael is a frequent contributor to newsletters published by the ABA's Anti-trust Section, The Litigator and often quoted by The Financial Post, The Lawyer's Weekly, Lexpert Magazine and other publications of interest to the legal community.

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Kyle J. Peterson

Kyle J. Peterson

Affleck Greene McMurtry LLP

Kyle's commercial litigation and advocacy practice offers particular expertise in securities, insurance, construction and employment disputes.

Contributor's Profile

Christopher Somerville

Christopher Somerville

Affleck Greene McMurtry LLP

Chris Somerville demonstrates broad-ranging skills and knowledge in the areas of commercial and civil litigation, securities and employment law.

Contributor's Profile

AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR LIVE

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com
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