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
Supreme Court of Canada refuses to hear global auditor class action certification appeal
On June 8, 2017, the Supreme Court of Canada denied leave to appeal from a decision of the Ontario Court of Appeal in Excalibur Special Opportunities LP v. Schwartz Levitsky ... [more] Full article
Self-Regulatory Organizations May Be able to collect fines in court
In its recently published Budget for 2017, the Ontario Government is proposing to allow self-regulatory organisations (SROs), such as the Mutual Fund Dealers Association (MFDA) and the Investment Industry Regulatory Organization of Canada ... [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
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Securities 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.
Meredith Hayward
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.
W. Michael G. Osborne
Michael leads Affleck Greene McMurtry LLP's competition team. He also practices commercial litigation and arbitration. Michael represents clients involved in business disputes, and defends clients facing competition law investigations, prosecutions, and class actions.
Kyle J. Peterson*
Kyle's commercial litigation and advocacy practice offers particular expertise in securities, insurance, construction and employment disputes. * Presently on leave of absence from the Firm. Kyle Peterson was elected as a Member of the House of Commons of the Canadian Parliament in the 2015 Canadian Federal Election.
Christopher Somerville
Chris Somerville demonstrates broad-ranging skills and knowledge in the areas of commercial and civil litigation, securities and employment law.
Wendy Sun
Wendy Sun has substantive experience in domestic and international contractual disputes, competition law, franchise disputes, shareholder disputes, negligent misrepresentation, commercial leasing, and intellectual property matters.
David N. Vaillancourt
David Vaillancourt, a partner of the firm, focuses his practice expertise on 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. He 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.
