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
It has a name! New Self-Regulatory Organization (finally) announces its new name
On January 1, 2023, the amalgamation of investment industry self-regulatory organizations, the Investment Industry Regulatory Organization of Canada (“IIROC”) and the Mutual Fund Dealers Association of Canada (“MFDA”) became official. ... [more] Full article
SCC agrees to hear appeal on whether Securities Commission penalties can survive bankruptcy
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 ... [more] Full article
MFDA and IIROC Members vote to amalgamate and form “New SRO”
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
- Catch and Exclude: The Ontario Court of Appeal reaffirms the Canadian approach to defining a “Security”
- Securities regulators provide guidance to investors and market participants during COVID-19 pandemic
- Has the OSC’s “special treatment” by appeal courts come to an end?
- Controversy as IIROC proposes merger with MFDA
Securities Regulatory 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.
