SROs to Receive More Power at the Expense of Procedural Fairness
The Ontario Government is proposing to allow self-regulatory organizations (SROs) to use the civil court system to collect fines from their current and former members. The Budget for 2017, released earlier this year, calls for more effective enforcement measures in the investment regulatory regime by permitting SROs such as the Mutual Fund Dealers Association (MFDA) and the Investment Industry Regulatory Organization of Canada (IIROC) to register disciplinary decisions and penalty orders with the courts. In the event that a member (or more likely former member) fails to pay the fine following a disciplinary hearing, the SRO will be able to ... [more] Full article
Limitation periods still matter in broker/dealer cases, appeal shows
The limitation period starts to run when the plaintiff has knowledge of a wrong and the facts that would constitute a cause of action, the Ontario Court of Appeal reaffirmed ... [more] Full article
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 ... [more] Full article
MFDA panel finds that branch manager might have duty to monitor non-registrants at branch
The self regulatory organization for mutual fund dealers, the Mutual Fund Dealers Association of Canada ("MFDA"), made an interesting decision on May 8, 2012 on a motion by a branch ... [more] Full article
Broker/Dealer litigation Contributors
Kenneth A. Dekker
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 two decades 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.
Peter R. Greene
Peter is a widely recognized and renowned litigator with substantial expertise in high profile and complex Commercial Litigation at the trial and appellate levels.
Christopher Somerville
Chris Somerville demonstrates broad-ranging skills and knowledge in the areas of commercial and civil litigation, securities and employment law.
