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Ontario’s new Capital Markets Tribunal weighs circumstantial evidence in insider trading decision

Canada - August 30 2022 Under the Ontario Securities Act (the Act), a tribunal must be satisfied that (i) a person in a “special relationship” with an issuer (ii) purchased…

Jayne Cooke, Marleigh Dick, Lawrence E. Ritchie, Madeleine Worndl

Securities Commission confirms statutory confidentiality provisions apply to Staff and witnesses

Canada - April 29 2022 A hearing panel of the Ontario Securities Commission (the Commission) held that Staff improperly disclosed testimony of a compelled witness in its…

Jayne Cooke, Hannah Davis, Lawrence E. Ritchie

The perils of asserting privilege

Canada - April 8 2022 Canadian Courts — up to and including the Supreme Court of Canada — have confirmed that solicitor-client privilege is a substantive right, afforded…

Carrie D'Elia, Marleigh Dick

A dynamic year for capital markets enforcement

Canada - December 8 2021 Despite ongoing pandemic-related slowdowns, 2021 saw significant capital markets enforcement activity from regulators and prosecutors, including…

Simon Cameron, Jayne Cooke, Sarah Firestone, Sonja Pavic, Lawrence E. Ritchie

Canadian Securities Administrators’ proposed climate-related disclosure requirements

Canada - December 3 2021 In recent years, shareholder and stakeholder activism has led to an increased focus on companies’ performance and disclosures on environmental…

Sarah Firestone, Andrea Korajlija