IIROC and MFDA to be Merged into Single Self-Regulatory Organization
Earlier this week, the Canadian Securities Administrators (CSA) announced that Canada’s two pre-eminent investment industry self-regulatory organizations will be merged into a single regulatory organization (SRO). The new SRO, as described in CSA Position Paper 25-404 New Self-Regulatory Organization Framework, will combine the functions of the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association of Canada (MFDA). The CSA will also combine two existing investor protection funds – the Canadian Investor Protection Fund and the MFDA Investor Protection Corporation – into an integrated fund independent of the new SRO. IIROC is the product of the 2009 ... [more] Full article
Catch and Exclude: The Ontario Court of Appeal reaffirms the Canadian approach to defining a “Security”
In late 2018, I wrote a summary of the Ontario Superior Court’s decision in OSC v Tiffin, 2018 ONSC 5419. In that case, a 6 month custodial sentence was imposed ... [more] Full article
Securities regulators provide guidance to investors and market participants during COVID-19 pandemic
After an initial sharp downturn in the Spring of 2020, it would appear that the capital markets are the least of most people’s worries during the COVID-19 pandemic. But we ... [more] Full article
Has the OSC’s “special treatment” by appeal courts come to an end?
Appeals are usually an uphill battle for the party that loses at trial, but for more than two decades the hill has been even steeper for losing parties before the ... [more] Full article
Securities Regulatory Contributors
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 recognized for Corporate and Commercial Litigation by Best Lawyers of Canada and has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
