Risk Management and Crisis Response

Water cannot be turned into wine: Cormark and the legality of triangular hedging transactions

The Ontario Capital Markets Tribunal has provided important guidance on hedging transactions in connection with private placements.

Changes of enforcement leadership raise questions about new priorities

Amid recent departures from top enforcement jobs, personalities and personal agendas can affect regulators’ strategies and enforcement priorities.

Canadian Securities Administrators’ 2023–2024 annual Year in Review

The annual report highlights efforts undertaken in response to emerging issues and changing conditions in the country’s capital markets.

Completing the Law 25 puzzle: insight into the right to data portability

Starting September 22, 2024, the final Law 25 amendments to the Act Respecting the Protection of Personal Information in the Private Sector (the...

Proposed amendments would allow email summons from the Ontario Securities Commission

Following a recommendation from the province’s Capital Markets Modernization Taskforce, Ontario is proposing to ease the requirements for the...

Québec insider trading decision discusses transactional certainty for the materiality criterion

The Financial Markets Administrative Tribunal considered insider trading allegations around a proposed takeover of a Canadian energy company.

Aggressive enforcement by securities regulators continues

A recent decision of the Supreme Court of British Columbia granted a Mareva injunction, freezing the assets of the defendant. The required...

The OSC’s new proposal to distribute funds from disgorgement orders to harmed investors

The Ontario Securities Commission (OSC) has published proposed rules that outline the procedure the OSC and harmed investors must follow for the...

Failing to ensure compliance throughout your operations: lessons from the Chiquita Banana case

A recent jury verdict in Florida ordered Chiquita Brands International to pay US$38.3 million to the family members of eight men killed in Colombia...

‘Deal with this escape hatch’ — B.C. Securities Commission calls for bankruptcy law reform following Supreme Court of Canada decision

The Supreme Court of Canada’s recent decision in Poonian v. British Columbia has prompted the B.C. Securities Commission to call for bankruptcy law...