On March 31, 2023, Canada’s top court granted leave to appeal from the B.C. Court of Appeal’s decision in Poonian v. British Columbia (Securities Commission) that a securities commission administrative penalty relating to fraud or obtaining money under false pretenses survives bankruptcy under s.178(1)(a) of the Bankruptcy and Insolvency Act. Once the Supreme Court of Canada weighs in on this issue, its decision will be a significant one for securities regulators across Canada – as it will either grant or deny them another arrow in their quiver to pursue respondents who try to escape paying fines by going bankrupt. In particular, ... [more] Full article
In a vote held on September 29, 2022, members of the Mutual Fund Dealers Association of Canada (MFDA) and the Investment Industry Regulatory Organization of Canada (IIROC) voted and passed ... [more] Full article
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 ... [more] Full article
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
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.
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. Over more than 25 years, 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 Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken has also represented and advised clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA), both of which are now known as the Canadian Investment Regulatory Organization (CIRO). Ken has also represented clients before the Ontario Securities Commission (OSC), the Financial Planning Canada Standards Council (FPCSC), and the CPA Ontario Tribunal. Ken has been ranked for Corporate and Commercial Litigation by Best Lawyers of Canada, for Securities Litigation by Lexpert, and he has been given the highest available rating of AV, or pre-eminent, by his peers on "Martindale-Hubbell."
Ardita Sinojmeri, Associate Lawyer at Affleck Greene McMurtry LLP, has a broad litigation practice spanning commercial litigation, securities litigation, insurance defence, employment disputes, and administrative law. She has appeared before the Ontario Superior Court of Justice and the Ontario Court of Appeal. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Before joining the firm, she was involved in initiatives supporting individuals and businesses navigating complex legal and financial challenges. She was also an Intake Coordinator for the National Canadian Lawyers’ Initiative and has authored legal scholarship, including “Spinning its Wheels: The Canadian Mining Industry’s Human Rights Failures in Guatemala” (2020) in the Mining Law, Finance & Sustainability Research Publication Series.
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