Supreme Court of Canada affirms jurisdiction of securities commissions over out-of-province parties
In Sharp v Autorité des marchés financiers, 2023 SCC 29, the Supreme Court of Canada provided further guidance about when provincial schemes to regulate securities can apply to individuals outside of that province. Because securities manipulation and fraud often transcend national or provincial borders, the Court reaffirmed that provincial securities regulators should be given latitude to take jurisdiction over issues that have a connection to their province. In this case, parties from British Columbia were subject to Quebec’s security regulation regime because they promoted and sold securities in Quebec. Several individuals based in British Columbia were alleged to be engaging ... [more] Full article
Court of Appeal confirms that insurers that sell insurance in Ontario should litigate coverage issues in Ontario
In its recent decision in Vale Canada Limited v. Royal and SunAlliance Insurance Company of Canada, Ontario’s top court confirmed what a layperson would think to be obvious: that an insurer ... [more] Full article
Ontario action dismissed for lack of jurisdiction despite expiry of limitation period in proper forum
An Ontario man who suffered catastrophic injuries after being hit by a car in Michigan has had his Ontario action dismissed for want of jurisdiction. The Ontario Superior Court dismissed ... [more] Full article
Supreme Court of Canada grants leave to appeal decision on enforcement of judgment against Caribbean islands
Today, Canada’s highest court granted leave to appeal from a decision of the Court of Appeal for Ontario refusing to register in Ontario a British Columbia judgment against the Caribbean ... [more] Full article
Conflicts of Law and Enforcement of Foreign Judgments Contributors
Adam Casey
Adam’s litigation practice includes a range of matters involving civil and commercial litigation, shareholder disputes, administrative law, competition law, and insurance defence. Adam joined AGM having completed his articles at a leading international law firm and graduated from the McGill University Faculty of Law.
- Supreme Court of Canada affirms jurisdiction of securities commissions over out-of-province parties
- Court of Appeal Comments on Knowledge Requirement for Torts of Knowing Assistance and Knowing Receipt
- Supreme Court of Canada agrees to hear appeal of decision allowing creditors to recover from the directing mind of a bankrupt corporation
Kenneth A. Dekker
Kenneth 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. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
David N. Vaillancourt
David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
