Risk Management and Crisis Response Blog

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...

Supreme Court of Canada decision impacts Securities Commissions’ ability to collect from bankrupt transgressors

On July 31, 2024, the Supreme Court of Canada ruled on whether financial sanctions imposed by securities regulators are dischargeable through...

Brar: contempt proceedings against uncooperative witnesses by the B.C. Securities Commission are constitutional

The British Columbia Court of Appeal has affirmed that the power of the province’s Securities Commission to compel evidence from witnesses and,...

Rolling limitation periods for breach of contract

Where a party breaches a continuing contractual obligation to perform, when does the limitation period begin to run? Does a rolling limitation period...

B.C. Securities Commission issues first administrative penalty under new regime

On November 17, 2023, the B.C. Securities Commission (the BCSC) issued a $12,000 administrative penalty to Capstone Asset Management Inc. (Capstone)...

Long awaited U.S. Supreme Court ruling curtails SEC’s use of administrative courts

On June 27, 2024, the United States Supreme Court (SCOTUS) released its ruling [PDF] on what has been a decade-long dispute between the Securities...

Securities and Exchange Commission approval of Ether ETFs

The U.S. Securities and Exchange Commission has approved a proposed rule change allowing major exchanges to list Ethereum exchange-traded funds.