Former member escapes the IDA’s grasp
In its recent decision in Taub v. Investment Dealers Association of Canada, Ontario’s Divisional Court reined in an attempt by the Investment Dealers Association of Canada (now known as the Investment Industry Regulatory Organization of Canada, or IIROC) to discipline a former investment advisor, despite the fact that he had not been an IDA member for more than a year. [more]
Bank cannot take advantage of mistake, court rules
Court clarifies doctrines of unilateral and mutual mistake
The Ontario Court of Appeal recently clarified the difference between mutual and unilateral contractual mistake in the case of Royal Bank of Canada v. El-Bris Limited. Laskin J.A., writing for the court, explained that the four prerequisites set out by the Supreme Court of Canada in Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club only apply to cases of unilateral, not mutual, contractual mistake. [more]
Ontario Securities Commission (OSC) panel decisions criticize regulators’ disclosure practices
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. [more]
Private applicants flock to Tribunal
OSC clarifies when merger negotiations must be disclosed
Companies do not have to disclose merger negotiations as a material change until there is sufficient likelihood that the deal will close, the Ontario Securities Commission held recently in Re AiT Advanced Information Technologies Corp. [more]
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