Search results

Order by most recent / most popular / relevance

Results: 1-10 of 22

British Columbia Court of Appeal tells Securities Commission that reciprocal orders are not automatic - what could this mean for no admission settlement agreements and reciprocal enforcement in Canada?

Cassels Brock & Blackwell LLP
-
Canada
-
December 14 2012

A decision of the British Columbia Court of Appeal earlier this year highlights one of the pitfalls of “no admission” settlements, exhibiting that a securities regulator in a cooperating jurisdiction may not be able to issue a reciprocal order when the settlement contains no specificity or admission upon which to conclude that any wrongdoing occurred

To err is human and to forgive divine - British Columbia judge relies on equitable principles to save an errant discharge

Cassels Brock & Blackwell LLP
-
Canada
-
November 6 2012

Every now and again, a mistake is made and a PPSA financing statement is discharged in error

Ontario Superior Court of Justice dismisses claim for punitive damages against directors of a former Ontario issuer

Cassels Brock & Blackwell LLP
-
Canada
-
October 22 2012

In the recent decision of Frank v. Farlie, Turner & Co., LLC, 2011 ONSC 5519, Mr. Justice Perell of the Ontario Superior Court of Justice found, among other things, that punitive damages are not available under Part XXIII.1 of the Ontario Securities Act as such damages are inconsistent with the scheme and purpose of Ontario’s statutory secondary market disclosure liability regime

Expansive approach in Silver v Imax to the court's inherent authority saves plaintiffs' claims for secondary market misrepresentation

Cassels Brock & Blackwell LLP
-
Canada
-
September 11 2012

A broad and expansive approach the Court’s inherent jurisdiction to do justice between parties by granting orders nunc pro tunc (or with retroactive effect) formed the basis of Justice van Rensburg’s decision in favour of the plaintiffs in Silver v. Imax to address the expiry of a limitation period to commence an action under Part XXIII.1 of the Ontario Securities Act (the “OSA”) while the motion for leave was under reserve

Constitutionality of anti-spam legislation

Cassels Brock & Blackwell LLP
-
Canada
-
July 10 2012

While Canada’s new anti-spam legislation received Royal Assent in December 15, 2010, the law is expected to come into full force in 2013 with the promulgation of a Governor in Council order

Questionable ruling certifies class action against investment advisors hoping for appeal

Cassels Brock & Blackwell LLP
-
Canada
-
March 9 2012

On February 17, 2012, the Ontario Superior Court of Justice certified a class action brought against two investment advisors and their registered dealer (the “Dealer”) in the case of French and Karas et al v. Smith and Stephenson et al, 2012 ONSC 1150 (“French"

The Court of Appeal enforces limitation period for secondary market securities class actions

Cassels Brock & Blackwell LLP
-
Canada
-
March 5 2012

On February 16, 2012, the Ontario Court of Appeal released a decision that comes as good news to issuers

Insolvency watch: Arctic Glacier obtains court protection to conduct search for new investors

Cassels Brock & Blackwell LLP
-
Canada
-
February 28 2012

Arctic Glacier Income Fund (CSNX:AG.UN) (the “Fund”) has obtained creditor protection from the Manitoba Court of Queen's Bench to allow its subsidiaries to continue normal operations as the Fund seeks new investors

The costly consequences of inadequate supervision

Cassels Brock & Blackwell LLP
-
Canada
-
June 7 2011

A recent decision by the Ontario Superior Court of Justice in Straus Estate v. Decaire, 2011 ONSC 1157 (“Straus”) serves to reiterate the importance of ensuring that compliance policies and proper training of sales representatives are practiced at the branch level

Supreme Court lays out clear disclosure obligations for public issuers

Cassels Brock & Blackwell LLP
-
Canada
-
May 27 2011

The Supreme Court has dismissed a shareholders' action in which a public issuer was accused of failing to include details of a conflict of interest in its disclosure

next >