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Knowledge Of Fraudulent Person Can't Be Attributed To Company
The Supreme Court of Canada answered a delicate question in its Christine DeJong Medicine P.C. v. DBDC Spadina decision:
30 Jul 2019
Supreme Court Rejects Weakened Test For Attributing Fraud To Corporations
In Christine DeJong Medicine Professional Corporation v. DBDC Spadina Ltd.,1 the Supreme Court of Canada (SCC) unanimously held that when an officer of a corporation defrauds
10 Jun 2019
Free Trade Deal Reached After 11 Countries Sign CPTPP
The 11 countries part of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) signed the deal on March 8 in Santiago, Chile.
14 Mar 2018
Supreme Court Rules Banks Liable For Cheque Fraud
In Teva Canada Ltd. v. TD Canada Trust (Teva) 2017 SCC 511 the majority of the Supreme Court of Canada overlooked the administrative fault of a corporate drawer of cheques in the allocation of cheque fraud losses.
6 Nov 2017
Facilitation Payments Now Prohibited Under Corruption Of Foreign Public Officials Act
The Government of Canada has removed the facilitation payment exception in the Corruption of Foreign Public Officials Act (CFPOA).
3 Nov 2017
Courts On Both Sides Of The Border Clarify Law Of Tipping
On December 6, the Ontario Divisional Court released its decision in Finkelstein v. Ontario, an appeal from the high-profile decision of the Ontario Securities Commission holding that a Bay Street lawyer...
14 Dec 2016
Criminal Interest Revisited: Apparent Immunity For Equity Kickers
Most commercial lenders might be surprised to learn that it can be a criminal offence to receive or contract for too high a rate of return.
12 Aug 2016
The OSC Whistleblower Program: What Employers Need To Know
On July 14, the Ontario Securities Commission formally launched its Whistleblower Program (OSC Policy 15-601), which seeks to encourage individuals and companies to report suspected violations of Ontario securities laws.
20 Jul 2016
Changes To Ontario's Securities Act Close Another Gap In The Insider Trading Rules
On July 8, 2016, the Ontario Securities Act (the Act) was amended to prohibit a person who possesses undisclosed material information from recommending trades or encouraging others to trade in securities of the issuer.
15 Jul 2016
LBO Investors Shielded From Creditors' State Law Fraudulent Conveyance Claims
Section 546(e) securities safe harbor provision protects shareholder settlement payments in LBO transactions from constructive fraudulent conveyance attack by individual or collective creditors.
13 Apr 2016
Prosecuting The Misuse Of Material Non-public Information In Canada Insider Trading And (Far) Beyond
Securities legislation across Canada prohibits conduct that is considered a misuse of material non-public information, by making insider trading and tipping unlawful.
12 Apr 2016
Sovereign Wealth Fund Not Immune From U.S. Securities Fraud Suit
A U.S. court has ruled that a sovereign wealth fund is subject to U.S. securities fraud claims when U.S. investors rely on misrepresentations by the fund.
United States
13 Mar 2016
New Border Enforcement Program In Place As Part Of Canada’s Anti-Counterfeiting Regime
On December 9, 2014, Bill C-8, the Combating Counterfeit Products Act (the Act), received Royal Assent, becoming part of Canadian law.
29 Jan 2015
U.S. Supreme Court Further Restricts Securities Fraud Suits, Citing Protection Of U.S. Markets
In a much-anticipated decision, the U.S. Supreme Court continued on its recent course of limiting the reach of private securities fraud lawsuits under section 10(b) of the Securities Exchange Act of 1934. The Court concluded, in Stoneridge Investment Partners LLC v. Scientific-Atlanta, Inc.
31 Jan 2008
New Guidelines On Foreign Investment In Canada By Foreign State-Owned Enterprises
Canada’s Industry Minister, Jim Prentice, has released guidelines clarifying the application of the Investment Canada Act to takeovers of Canadian businesses by foreign state-owned enterprises (SOEs).
12 Dec 2007
Canadian Competition Bureau Updates Immunity Program: What You Need To Know
The Competition Bureau recently updated its Immunity Program, which prescribes the circumstances in which parties that violate the conspiracy and other criminal offence provisions of the Competition Act (Canada) may seek immunity from prosecution.
26 Oct 2007
Potential New Impediments To M&A Transactions: Restrictions On Foreign State–Owned Enterprises And A New National Security Test In Canada
On October 9, 2007, Jim Prentice, Minister of Industry, announced that this fall the government of Canada will consider introducing new guidelines on takeovers by foreign state–owned enterprises; and amending the Investment Canada Act to permit the review of foreign investments that could compromise Canada’s national security.
25 Oct 2007
Will Stock Options Backdating Scandals Come To Canada?
The scandals surrounding the backdating of stock options continue to mount in the United States. In testimony before the Senate Committee on Finance, the director of the Division of Enforcement of the U.S. Securities and Exchange Commission (SEC) revealed that as of September, this division was investigating over 100 companies for possible fraudulent reporting of stock option grants.
13 Nov 2006
The U.S. Option Backdating Scandal: What It Means for Canadian Issuers and Their Executives
Canadian stock exchanges and securities regulators are likely to scrutinize option grants as a result of the latest governance scandal in the United States—backdating option grants to give executives a windfall.
19 Jul 2006
Automatic Share Purchase and Disposition Plans May Protect Against Charges of Illegal Insider Trading
Given the focus on corporate ethics, many public companies have instituted extensive blackout periods during which insiders are prohibited from trading in securities of the company. Blackout periods usually span quarter-ends, year-end and other periods during which there may be material information about the company that is undisclosed.
13 Jul 2006
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