Lexpert Ranks Crawley MacKewn Brush LLP 7th out of 20 for Commercial Litigation Firms in Toronto in the 2024 Who's Who Guide

Thursday 04, April 2024
Lexpert Ranks Crawley MacKewn Brush LLP 7th out of 20 for Commercial Litigation Firms in Toronto in the 2024 Who's Who Guide

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Mithaq Canada Inc. (Re): Exercise of the Capital Markets Tribunal’s Discretion Whether to Cease Trade a Private Placement as “Clearly Abusive”

by Linda Fuerst, Dana Carson and Rachael Tu


Sunday 24, March 2024
In its recently released Reasons for Decision in Mithaq (the “Decision”), the Capital Markets Tribunal (Tribunal”) articulated its reasons for denying an application by Mithaq Canada Inc. (“Mithaq”) to cease trade a private placement announced by Aimia Inc. (“Aimia”), a Toronto Stock Exchange (“TSX”) listed company, on the basis that it was a defensive tactic calculated to respond to a take-over bid by Mithaq, a significant shareholder.

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The Perils of Failing to Coordinate Settlement of Cross-Border Securities Class Actions: Kwong v. iAnthus Capital Holdings Inc.


by Linda Fuerst*


Friday 15, March 2024

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The Flip Side of the Trailing Commission Coin: Frayce v. BMO Investorline Inc., 2024 ONSC 533

by Linda Fuerst


Wednesday 31, January 2024
The decision in Frayce v. BMO Investorline Inc., 2024 ONSC 533 highlights the importance of strategic decisions made by class counsel including as it relates to the framing of the allegations in the pleading, the contents of their certification record and the characterization of their case for certification in their submissions on the certification motion.

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NorthWest Copper Corp.: The Free Flow of Information and Opinion Among Shareholders May Trump Disclosure of Joint Action by Dissident Shareholders

by Linda Fuerst and Dana Carson


Tuesday 16, January 2024
In NorthWest Copper Corp., 2023 BCSECCOM a Hearing Panel of the British Columbia Securities Commission was asked to make orders under section 114 of the B.C. Securities Act, RSBC 1996, c. 418 (the Act) to prohibit the trading and voting of securities by three individual respondents arising from their alleged failure to comply with the early warning disclosure requirements in NI 62-104 – Take-Over Bids and Issuer Bids and NI 62-103 – The Early Warning System and Related Take-Over Bid and Insider Reporting Issues following the announcement by one of the respondents of his intention to nominate a slate of directors different from the slate proposed by management at the company’s upcoming annual general meeting (AGM) of shareholders.

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Crawley MacKewn Brush LLP Welcomes Renowned Commercial and Securities Litigator Linda Fuerst as Partner

Monday 08, January 2024
Crawley MacKewn Brush LLP, a leading Canadian litigation boutique, is delighted to announce that Linda Fuerst, one of Canada's most well-respected litigators, has joined the firm.

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No Deal: Court of Appeal Rules on Buy-Sell “Gone Wrong”

by Dana Carson and Rachael Tu


Monday 18, December 2023
The Court of Appeal for Ontario recently weighed in on a “share-purchase transaction gone wrong” in Leeder Automotive Inc. v. Warwick. The decision is an important reminder that companies must comply with valuation provisions when a buy-sell provision is engaged – to do otherwise is to risk not being able to participate in the buy-sell.

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The Road Ahead: Assessing the Implications of the CSA’s Proposed Changes to Complaint Handling and Dispute Resolution

by Matthew Scott and Clarke Tedesco


Friday 08, December 2023
The Canadian Securities Administrators (CSA) have proposed an updated regulatory framework for handling complaints in the financial services sector. This initiative aims to bolster investor protection and streamline dispute resolution processes. However, these proposed changes also create several challenges for dealers and advisors in the industry.

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Oppression Remedy: Business Realities, Not Just “Narrow Legalities”

by Dana Carson and Maxim Tchoudnovski


Wednesday 25, October 2023
In Pereira v. TYLT Technologies Inc.,1 the appellant, Jaden Pereira (“Pereira”), successfully appealed a decision of Justice Valente of the Ontario Superior Court of Justice dismissing his application under the oppression remedy provisions of the Canada Business Corporations Act. The Court of Appeal for Ontario allowed the appeal and remitted the matter back to the Superior Court of Justice to be determined at a trial. Key to the Court of Appeal’s analysis was its finding that the application judge took an overly narrow view of Pereira’s reasonable expectations—focusing unduly on the documentary evidence—without considering other relevant circumstances, like Pereira’s role in founding the company.

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“You’re Fired!”: Calculating Employment Damages for a Loss of Incentive Based Compensation

by Michael Byers with the assistance of Rachael Tu, articling student


Tuesday 17, October 2023
Employers and employees dealing with wrongful termination cases need to look carefully at the applicable contractual and other terms that govern entitlement to incentive-based compensation. The mere fact that a policy exists that purports to take away an employee’s rights does not suffice if the language is not sufficiently clear and unambiguous. Litigating these issues in court can be costly and expensive, and employers who pay a lot of incentive-based compensation should carefully review their employment contracts, policies, and procedures.

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What Can SEC Sweeps of Off-Channel Communications Teach Canadian Securities Markets Participants? Stop Texting (for Work)

by Melissa MacKewn, Michael Byers, Alexandra Grishanova


Tuesday 10, October 2023
Recent aggressive activity by US securities regulators targeting the use of other electronic messaging platforms on Wall Street is causing many to reconsider their practices. What should Canadian securities markets participants do to mitigate their own risk? Read more:

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Court of Appeal for Ontario: No “Option” for Management to Act Oppressively

by Dana Carson and Rachael Tu


Wednesday 04, October 2023
In Justein v. DeFi Technologies Inc.,[1] the Court of Appeal for Ontario recently dismissed an appeal in a dispute over the issuance of options to advisors of the appellant, DeFi Technologies Inc. (“DeFi”).

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Crawley MacKewn Brush LLP Ranked as a Top Securities Litigation Firm by Chambers

Thursday 28, September 2023
Chambers ranks Crawley MacKewn Brush LLP in Band 1 for Securities Litigation in Ontario.

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Michael Byers, Dana Carson and Clarke Tedesco ranked in Chambers Canada 2024

Thursday 28, September 2023
Congratulations to our partners Michael Byers, Dana Carson and Clarke Tedesco on being ranked by Chambers Canada as Up and Coming securities litigators.

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Alistair Crawley, Melissa MacKewn and Robert Brush ranked in Chambers Canada 2024

Thursday 28, September 2023
Congratulations to our partners Alistair Crawley, Melissa MacKewn and Robert Brush on being ranked in Chambers Canada as leading securities litigators

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Jonathan Preece and Josh Shneer selected for 2024 Best Lawyers: Ones to Watch in Canada™

Thursday 24, August 2023
Crawley MacKewn Brush LLP is pleased to announce that 2 lawyers have been included in the 2024 edition of Best Lawyers: Ones to Watch in Canada.

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Alistair Crawley named 2024 Best Lawyers™ "Lawyer of the Year" for Securities Law in the Toronto area

Thursday 24, August 2023
Crawley MacKewn Brush LLP is pleased to announce that Alistair Crawley was recently recognized by Best Lawyers™ as the 2024 "Lawyer of the Year" for Securities Law in the Toronto area.

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The Dawn of the Single-Stock ETF in Canada prompts less regulatory alarm than in the US

by Dan Thomas


Monday 21, August 2023
Amongst the more adventurous holiday gifts in December 2022 would have been an investment in one of the first single-stock exchange-traded funds (“ETFs”) to launch in Canada. Five single-stock ETFs launched in December 2022 providing exposure to Google, Amazon, Apple, Tesla, and Berkshire Hathaway.

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ONCA: Appellate powers under the Arbitration Act should be used with caution

by Dana Carson and Linda Mochon


Thursday 19, January 2023
In its recent decision in Tall Ships Development Inc. v. Brockville (City)[i], the Court of Appeal for Ontario reviewed the appellate powers under sections 45 and 46 of the Arbitration Act[ii], under which judges may review arbitration awards.

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2023 Securities Litigation Conference

Tuesday 10, January 2023
CMB is hosting an invitation-only event exclusively tailored to the most senior members of the securities industry. 

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Alistair Crawley, Melissa MacKewn & Robert Brush - Leading 500 Lawyers in Canada

Tuesday 10, January 2023
The 2023 Lexpert/ALM Guide has named Alistair Crawley, Melissa MacKewn and Robert Brush three of the top securities litigation lawyers in Canada.

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Crawley MacKewn Brush LLP recognized as one of Canada's Best Law Firms of 2023 by the Globe and Mail

Tuesday 15, November 2022
Crawley MacKewn Brush LLP is pleased to share that our firm has been named one of Canada’s Best Law Firms of 2023. This award is presented by The Globe and Mail and Statista Inc.

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ONCA: “Immediate” Obligation to Disclose Settlement Agreements “Means Exactly What It Says”

by Dana Carson and Linda Mochon


Monday 17, October 2022
In its recent decision in Hamilton-Wentworth District School Board v. Zizek, the Court of Appeal for Ontario (the “ONCA”) reiterated that parties who enter into a settlement agreement which alters the litigation landscape have an obligation to immediately disclose the agreement. Applying the principles set out in its 2010 decision Aecon Buildings v. Stephenson Engineering Limited, the ONCA confirmed that the obligation to disclose such settlements is not a matter of discretion, context, or factual analysis. The decision enforces the clear “bright line” principle of immediate disclosure, barring which consequences of the “most serious nature” for the defaulting party must result – a stay of the action.

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Crawley MacKewn Brush LLP ranked again by Chambers Canada in Band 1 for Securities Litigation

Thursday 29, September 2022
We are proud to share that our firm was recognized again as a top ranked securities litigation firm by Chambers Canada.

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Michael Byers ranked in Chambers Canada 2023

Thursday 29, September 2022
Congratulations to our partner Michael Byers on being ranked by Chambers Canada as an Up and Coming securities litigator.

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Crawley MacKewn Brush LLP Names Matthew Scott Managing Partner

Wednesday 07, September 2022
Crawley MacKewn Brush LLP is pleased to announce that Matthew Scott has been appointed managing partner effective September 8th, 2022.

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Dana Carson, Jonathan Preece and Josh Shneer selected for 2023 Best Lawyers: Ones to Watch in Canada™

Thursday 25, August 2022
Crawley MacKewn Brush LLP is pleased to announce that 3 lawyers have been included in the 2023 edition of Best Lawyers: Ones to Watch in Canada.

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Melissa MacKewn named one of Canada’s Top 100 Women in Litigation by Benchmark Litigation

Wednesday 03, August 2022
Benchmark Litigation has once again recognized Melissa MacKewn as one of Canada’s Top 100 Women in Litigation

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Michael Byers, Kate McGrann and Clarke Tedesco named to Benchmark's Top Litigators 40 & Under List

Wednesday 27, July 2022
Benchmark Litigation has once again recognized Michael Byers, Kate McGrann and Clarke Tedesco as Leading Litigators Aged 40 & Under

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A Primer on How to Avoid Greenwashing: CSA Guidance on ESG-Related Investment Fund Disclosure

by Josh Shneer and Denna P. Jalili


Thursday 03, March 2022
On January 19, 2022, the Canadian Securities Administrators (the “CSA”) released Staff Notice 81-334 (the “Notice”)[1] which clarifies regulations applicable to funds that incorporate or reference environmental, social and governance (“ESG”) considerations in their asset management strategies and objectives (“ESG-Related Funds”). The Notice also sets out recommendations for funds’ disclosure and marketing protocols, but does not establish new legal requirements or modify current regulations.

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Clash of the Cine-Titans: Court Finds that COVID-19 is Not an Excuse to Walk Away from an M&A Transaction

by Michael Byers and Scott Wodhams


Thursday 23, December 2021
A recent decision of the Ontario Superior Court of Justice in Cineplex v Cineworld, 2021 ONSC 8016 (“Cineplex”) awarded the plaintiff Cineplex damages of $1.24 billion for breach of contract arising from Cineworld’s purported termination of an agreement to buy Cineplex, an operator of movie theatres in Canada.

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Kate McGrann named 2021 Lexpert Rising Star

Thursday 25, November 2021
We are pleased to share that Kate McGrann has been named a 2021 Lexpert Rising Star

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Crawley MacKewn Brush LLP ranked in Band 1 for Securities Litigation by Chambers Canada 2022

Thursday 09, September 2021
Chambers Canada has ranked our firm as a top Securities Litigation firm

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Dana Carson, Jonathan Preece and Josh Shneer selected for 2022 Best Lawyers: Ones to Watch

Thursday 26, August 2021
Dana Carson, Jonathan Preece and Josh Shneer named Best Lawyers: Ones to Watch

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Melissa MacKewn named 2022 Best Lawyers™ "Lawyer of the Year" for Securities Law in the Toronto area

Thursday 26, August 2021
Melissa MacKewn named 2022 Best Lawyers™ "Lawyer of the Year" for Securities Law in the Toronto area

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Melissa MacKewn named one of the Top 50 Women in Litigation by Benchmark Litigation

Thursday 05, August 2021
Benchmark Litigation has once again recognized Crawley MacKewn Brush partner Melissa MacKewn as one of the Top 50 Women in Litigation.

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Benchmark Litigation Recognizes 3 CMB Partners as Leading Litigators Under Age 40

Wednesday 21, July 2021
Crawley MacKewn Brush LLP is pleased to announce that Benchmark Litigation has recognized Michael Byers, Kate McGrann and Clarke Tedesco as leading litigation lawyers in its annual 40 & Under Hot List for 2021.

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Crawley MacKewn Brush LLP Named Securities Litigation Firm of the Year for 5th Year

Wednesday 12, May 2021
Crawley MacKewn Brush LLP has been named Securities Litigation Firm of the Year by Benchmark Litigation Canada

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New Guidance on Regulation of Crypto-Trading Platforms in Canada

by Michael Byers and Joshua Shneer


Thursday 29, April 2021
The Investment Industry Regulatory Organization of Canada (“IIROC”) recently issued new guidance, together with the Canadian Securities Administrators (“CSA”), regarding crypto-trading platforms (“CTPs”).

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The Final Report of the Capital Markets Modernization Taskforce: What Securities Litigators Need to Know

by Jamie Gibson, Naymark Law and Michael Byers, Crawley MacKewn Brush LLP


Wednesday 03, February 2021
The Final Report of the Capital Markets Modernization Taskforce: What Securities Litigators Need to Know Much has changed in capital markets in the last seventeen years. Ontario’s securities regulatory framework, however, has not been comprehensively reviewed – until now. The Final Report of the Capital Markets Modernization Taskforce, delivered in January 2021, recommends significant amendments to update Ontario’s regulatory framework. The Report is the product of nearly a year of consulting with stakeholders.

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C.M. Callow Inc. v. Zollinger: The Duty of Honest Contractual Performance Clarified

by Alexandra Grishanova and Liz McLellan


Thursday 21, January 2021
In the recent decision of C.M. Callow Inc. v. Zollinger , the Supreme Court of Canada (“SCC”) clarified the scope of the duty of honest contractual performance, as recognized by the Court in Bhasin v. Hrynew over six years ago. As explained in Bhasin, and further expanded on in C.M. Callow, the duty of honest contractual performance is one of the manifestations of the organizing principle of good faith in performance of contracts.

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Alistair Crawley, Melissa MacKewn & Robert Brush - Ranked in Leading 500 Lawyers in Canada

Thursday 17, December 2020
Crawley MacKewn Brush LLP is pleased to announce that the 2021 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada has once again recognized Alistair Crawley, Melissa MacKewn and Robert Brush as three of the leading 500 lawyers in Canada.

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Alistair Crawley, Melissa MacKewn and Robert Brush recognized as leading Securities Litigators in the 2021 Chambers Canada Guide

Thursday 10, September 2020
Alistair Crawley, Melissa MacKewn and Robert Brush recognized in the 2021 Chambers Canada Guide

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Melissa MacKewn named one of the Top 50 Women in Canadian Litigation by Benchmark Litigation

Thursday 13, August 2020
Crawley MacKewn Brush LLP congratulates Melissa MacKewn on being named one of 2020's Top 50 Women in Litigation by Benchmark.

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Michael Byers, Kate McGrann and Clarke Tedesco named to Benchmark Litigation 40 & Under Hot List

Thursday 30, July 2020
Michael Byers, Kate McGrann and Clarke Tedesco named by Benchmark as leading lawyers under 40

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Robert Brush of Crawley MacKewn Brush LLP named Securities Litigator of the Year by Benchmark Litigation Canada

Thursday 28, May 2020
Crawley MacKewn Brush LLP is proud to announce that Robert Brush won Securities Litigator of the Year at last night’s annual Benchmark Litigation Canada awards ceremony.

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Crawley MacKewn Brush LLP named Securities Litigation Firm of the Year by Benchmark Litigation Canada

Thursday 28, May 2020
Crawley MacKewn Brush LLP is proud to announce that it has been named Securities Litigation Firm of the Year for the fourth year in a row by Benchmark Litigation Canada. We are also proud of our colleague Robert Brush, who was recognized as Securities Litigator of the Year.

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CMB and 4 Partners Ranked in the 2020 Canadian Legal Lexpert Directory

Monday 11, May 2020
CMB is proud to announce that our firm has once again been ranked in the Canadian Legal Lexpert Directory as a leading Corporate Commercial Litigation and Securities Litigation firm.

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Crawley MacKewn Brush LLP Selected as Finalist for Litigation & Dispute Resolution Boutique Law Firm of the Year for the Canadian Law Awards 2020

Thursday 23, April 2020
CMB is proud to share that our firm has been selected as a Finalist in the category of Litigation & Dispute Resolution Boutique Law Firm of the Year for the inaugural Canadian Law Awards, presented by Lexpert and supported by Canadian Lawyer and InHouse magazines.

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Three Things You Need To Know if a Contract is Breached Because of COVID-19

Wednesday 01, April 2020
When a contract is breached because of COVID-19 consider there practical steps you can take to claim under business interruption insurance, or assess, prosecute, and de-risk a claim for damages (or possibly both).

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CMB Congratulates Osgoode Corporate/Securites Law Moot Team on Second Place Finish

Tuesday 10, March 2020
Crawley MacKewn Brush LLP congratulates the Osgoode Hall Law School team for finishing in second place overall in the 2020 Davies Annual Corporate/Securities Law Moot Court Competition. The team was coached by CMB partner Michael Byers and associate Alexandra Grishanova.

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Lexpert Recognizes CMB’s leading lawyers

Friday 20, December 2019
Crawley MacKewn Brush LLP is pleased to announce that the 2020 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada has once again recognized Alistair Crawley, Melissa MacKewn and Robert Brush as three of Canada’s top practitioners in Securities Litigation.

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Lexpert Recognizes CMB's Leading Litigation Lawyers

Friday 29, November 2019
CMB is pleased to announce that Alistair Crawley, Melissa MacKewn and Robert Brush were all recognized as leading Canadian litigators by Lexpert in the 2019 Lexpert/ROB Special Edition: Canada's Leading Litigation Lawyers which was published today in the Globe & Mail's Report on Business Magazine.

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Chambers Canada recognizes CMB and lawyers Alistair Crawley, Melissa MacKewn and Robert Brush

Thursday 19, September 2019
CMB is proud to be named a leading Securities Litigation firm by Chambers Canada 2020. In addition, partners Alistair Crawley, Melissa MacKewn and Robert Brush have all been recognized as leading lawyers in the area of Securities Litigation.

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The Canadian Securities Administrators 2018/2019 Enforcement Report – Key Highlights

by Natalia Vandervoort and Melanie Zetusian


Tuesday 27, August 2019
The Canadian Securities Administrators (the “CSA”) is an umbrella organization of 10 provincial and 3 territorial securities regulators in Canada, which includes the Ontario Securities Commission (“OSC”). The CSA’s mission is “to give Canada a securities regulatory system that protects investors from unfair, improper or fraudulent practices and fosters fair, efficient and vibrant capital markets, by developing a national system of harmonized securities regulation, policy and practice.”

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Brophy v. Harrison: A Reminder of the Costs Consequences for Taking a ‘Hard-ball’ Approach to Litigation

by Mitchell Fournie


Tuesday 20, August 2019
A recent decision of the Ontario Superior Court of Justice reminds litigants that cost considerations must be at the forefront of every decision made when litigating a case.

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Melissa MacKewn of Crawley MacKewn Brush LLP named one of the Top 25 Women in Canadian Litigation by Benchmark Litigation

Wednesday 14, August 2019
Crawley MacKewn Brush LLP is pleased to announce that Melissa MacKewn has been named one of 2019’s Top 25 Women in Canadian Litigation by Benchmark Litigation.

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Kate McGrann and Clarke Tedesco of Crawley MacKewn Brush LLP named in Benchmark Litigation's 40 & Under Hot List for 2019

 

 

Tuesday 06, August 2019
Crawley MacKewn Brush LLP is pleased to announce that Benchmark Litigation has recognized Kate McGrann and Clarke Tedesco as a leading litigation lawyers in its annual 40 & Under Hot List for 2019.

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The OSC Whistleblower Program – Three Years Later

by Natalia Vandervoort and Melanie Zetusian


Wednesday 31, July 2019
The OSC whistleblower program - key program updates and an evaluation three years in.

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Kate McGrann featured in Precedent Magazine

 

 

Thursday 30, May 2019

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CMB Congratulates Osgoode Corporate/Securities Law Moot Team on Second Place Finish

Tuesday 19, March 2019
Crawley MacKewn Brush LLP congratulates the Osgoode Hall Law School team for finishing in second place overall in the 2019 Davies Annual Corporate/Securities Law Moot.

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Crawley MacKewn Brush LLP named Securities Litigation Firm of the Year for the third year in a row by Benchmark Litigation

Friday 08, March 2019
Crawley MacKewn Brush LLP is proud to announce that it has been named Securities Litigation Firm of the Year for the third year in a row by Benchmark Litigation.

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3 Crawley MacKewn Brush LLP partners recognized among Canada’s top lawyers in Lexpert/ALM 500 Directory

Wednesday 12, December 2018
Crawley MacKewn Brush LLP is pleased to announce that the 2019 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada has recognized Alistair Crawley, Melissa MacKewn and Robert Brush as three of Canada’s top practitioners in Securities Litigation.

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Clarke Tedesco receives Lexpert Rising Star Award

Friday 09, November 2018
Crawley MacKewn Brush LLP congratulates our partner Clarke Tedesco on receiving the Lexpert Rising Star Award. This award honours leading lawyers under the age of 40 across Canada.

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Alistair Crawley of Crawley MacKewn Brush LLP recognized as leading lawyer by Chambers Canada 2019

Tuesday 25, September 2018
Crawley MacKewn Brush LLP is pleased to announce that Alistair Crawley has been recognized as a leading lawyer by Chambers Canada 2019 in the area of Securities Litigation.

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Melissa MacKewn of Crawley MacKewn Brush LLP recognized as leading lawyer by Chambers Canada 2019

Tuesday 25, September 2018
Crawley MacKewn Brush LLP is pleased to announce that Melissa MacKewn has been recognized as a leading lawyer by Chambers Canada in the area of Securities Litigation.

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Auditors Owed No Duty of Care to “Client’s Clients” in Lavender

By Dana Carson
Tuesday 18, September 2018
In its recent decision in Lavender v Miller Bernstein LLP, the Court of Appeal for Ontario overturned a summary judgment decision imposing liability on the auditor of a now defunct securities dealer in a class action brought on behalf of the dealer’s clients.

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Anna Markiewicz appointed Chair of The Advocates’ Society Arbitration and Mediation Advocacy Practice Group

Thursday 19, July 2018
Congratulations to our colleague Anna Markiewicz who was recently appointed Chair of The Advocates’ Society Arbitration and Mediation Advocacy Practice Group.

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Melissa MacKewn of Crawley MacKewn Brush LLP named one of the Top 25 Women in Canadian Litigation by Benchmark Litigation

 

 

Tuesday 17, July 2018
Crawley MacKewn Brush LLP is pleased to announce that Melissa MacKewn has been named one of 2018’s Top 25 Women in Canadian Litigation by Benchmark Litigation.

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Kate McGrann of Crawley MacKewn Brush LLP named in Benchmark Litigation 40 & Under Hot List

Wednesday 04, July 2018
Crawley MacKewn Brush LLP is pleased to announce that Benchmark Litigation has recognized Kate McGrann as a leading litigation lawyer in its annual 40 & Under Hot List.

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Last Call for Relevant Appeals from the OSC

by Alistair Crawley
Wednesday 16, May 2018
To the extent it was ever really open, the door to relevant appeals from decisions of the Ontario Securities Commission (“OSC” or the “Commission”) has inexorably been swinging closed.

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Robert Brush and Michael L. Byers publish paper in Carswell's Annual Review of Civil Litigation

Monday 14, May 2018
“Separate, Independent and Confounding: Understanding Personal Liability for Corporate Acts”

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Benchmark Canada Publishes Analysis of Crawley MacKewn Brush LLP

Tuesday 01, May 2018
Benchmark Canada provides extensive coverage of the Canadian litigation market. Their results are the culmination of a four-month research period that involves extensive interviews with litigators and their clients. According to their analysis, Crawley MacKewn Brush is seeing its profile swiftly elevating in the eyes of peers and its work appreciated immensely by vocal clients.

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OSC Publishes Initiatives Aimed at Protecting Seniors

by Clarke Tedesco
Tuesday 17, April 2018
On March 20, 2018, the OSC published its Seniors Strategy, the purpose of which is to outline initiatives that the OSC is pursuing in relation to older individuals, recognizing that the financial lives of older Canadians have grown increasingly complex relative to previous generations.

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Individual Acts and Corporate Benefits: Towards a More Expansive Standard for Company Liability

by Michael L. Byers
Wednesday 04, April 2018
A recent Ontario Court of Appeal decision has arguably expanded the scope of a company’s liability for the actions of those who control it.

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Crawley MacKewn Brush LLP named "Securities Litigation Firm of the Year" by Benchmark Canada for the second year in a row

Wednesday 07, March 2018
Benchmark Canada honoured Crawley MacKewn Brush LLP with the award for “Securities Litigaton Firm of the Year”

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OSC Whistleblower Program Explained

by Anna Markiewicz, PCMA E-News Brief
Tuesday 27, February 2018

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ONCA: Miller and Cheng “Ought Reasonably to Have Known” Better

by Dana Carson, Alistair Crawley and Bruce O’Toole
Wednesday 31, January 2018
On January 25, 2018, the Court of Appeal for Ontario released its much-anticipated decision in Finkelstein et al. v Ontario Securities Commission, 2018 ONCA 61 (“Finkelstein”) in which it considered the insider trading and tipping provisions of the Ontario Securities Act, R.S.O. 1990, c. S.5 (the “Act”).

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Should OBSI Have the Power to Make Binding Orders?

by Clarke Tedesco and Alexandra Grishanova, PCMA E-News Brief
Tuesday 30, January 2018
While not perfect, the current OBSI process provides a mechanism for inexpensive and effective resolution of disputes relating to investments. By gaining the power to make binding decisions, OBSI may lose the very thing that makes it effective.

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A Fine Balance: The Characteristics of Effective AND Enforceable Restrictive Covenants

by Safina Lakhani and Alexandra Grishanova, PCMA E-News Brief
Tuesday 12, December 2017
Non-competition and non-solicitation clauses are important tools for protecting your company’s trade connections and confidential information when key personnel leave. Crawley MacKewn Brush LLP discusses how to effectively protect your firm with restrictive covenants.

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Uncharted Territory - Application of Securities Law to Cryptocurrency Offerings

by Natalia Vandervoort, PCMA E-News Brief
Tuesday 28, November 2017
Crawley MacKewn Brush LLP comments on Staff’s recent guidance on the application of securities laws to cryptocurrency offerings.

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Alistair Crawley, Melissa MacKewn and Robert Brush listed by Lexpert as leading litigation lawyers

Friday 24, November 2017
The firm is pleased to announce that Alistair, Melissa and Rob have all been listed as leading litigation lawyers in the Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers and the Lexpert/ROB Special Edition - Canada’s Leading Litigation Lawyers.

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Don't be the next Equifax: Cyber-liability in an Age of Data Insecurity - Recognizing and Managing Cyber-Risk

by Robert Brush and Michael L. Byers, PCMA E-News Brief
Thursday 19, October 2017
In today’s business climate, securities issuers and dealers are making a serious mistake if they fail to fully appreciate the implications of cyber-security for their business.

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Robert Brush and Michael L. Byers publish paper in the 2017 edition of the Annual Review of Civil Litigation: "Separate, Independent and Confounding: Understanding Personal Liability For Corporate Acts"

Tuesday 10, October 2017
While corporations might be legal fictions, the protection from personal liability they afford to their directors, officers and employees is very real.

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When Is “Close” Close Enough? Assessing the Availability of the Family, Friends and Business Associates Prospectus Exemption

by Bruce O'Toole and Kate McGrann, PCMA E-News Brief
Tuesday 26, September 2017
The introduction of the family, friends and business associates exemption (the “FFBA”) to the prospectus requirement in the Ontario Securities Act promised to “provide a cost effective way for issuers (other than investment funds) to raise capital from their networks of family, close personal friends and close business associates.”

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Melissa MacKewn named 2018 Best Lawyers™ "Lawyer of the Year" for Securities Law in the Toronto area

Tuesday 22, August 2017
Melissa MacKewn named Securities Litigation Lawyer of the Year by Best Lawyers™

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3 Crawley MacKewn Brush LLP lawyers recognized in the 2018 Edition of Best Lawyers™ in Canada.

Tuesday 22, August 2017
Crawley MacKewn Brush LLP is pleased to announce that Alistair Crawley, Melissa MacKewn and Robert Brush have been included in the 2018 Edition of The Best Lawyers in Canada.

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Melissa MacKewn recognized by Benchmark Canada as one of the Top 25 Women in Litigation for 2017

Thursday 27, July 2017
After months of research, Benchmark Litigation announced the winners of this year’s Top 25 Women in Litigation for Benchmark Canada.

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Melissa MacKewn Featured on BNN: Home Capital settlement is a 'creative' solution

Thursday 15, June 2017
Home Capital Group has agreed to pay a total of $12 million in penalties to the Ontario Securities Commission.

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Alistair Crawley quoted in article on Advisor.ca: "IIROC Shouldn’t Have Court Authority to Collect Fines"

Friday 12, May 2017

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Investment watchdogs have been asking for far too much power — and Ottawa just gave it to them Alistair Crawley, Financial Post

Friday 12, May 2017
The siren call for the proposed expansion of the powers of the Investment Industry Regulatory Organization Industry of Canada (IIROC) to enforce its fines through the courts in Ontario has been welcomed with open arms and few questions.

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Alistair Crawley Featured on BNN: Why more legal trouble could be on the way for Home Capital

Thursday 04, May 2017
The OSC has set Home Capital's next hearing date for June 2nd.

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Crawley MacKewn Brush LLP named “Securities Litigation Firm of the Year” and Alistair Crawley, Melissa MacKewn and Robert Brush all ranked as “Litigation Stars” by Benchmark Canada

Monday 27, February 2017
Benchmark Canada honoured Crawley MacKewn Brush LLP with the award for “Securities Litigaton Firm of the Year” at the Benchmark Canada awards gala in Toronto.

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Crawley MacKewn Brush LLP Recognized in the 2024 Lexpert/American Lawyer 500 Guide to the Leading 500 Lawyers in Canada


The 2024 Lexpert/ALM Guide has named Alistair Crawley, Melissa MacKewn, Robert Brush and Linda Fuerst to the list of the top 500 lawyers in Canada.

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Ontario Court of Justice Acquits Former CannTrust CEO


Alistair Crawley and Jonathan Preece of Crawley MacKewn Brush LLP acted as co-counsel for the former CEO of CannTrust Holdings Inc., in a quasi-criminal prosecution commenced by the OSC in relation to alleged securities offences. The OSC concluded that it had no reasonable prospect of conviction against Mr. Aceto, leading the Ontario Court of Justice to acquit Mr. Aceto on all charges.

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OSC Steps Up Crypto Enforcement and Targets Foreign Crypto Platforms


by Michael Byers, Joshua Shneer, Rachael Tu

Since the publication of the notice and the OSC’s warnings, staff of the OSC have taken enforcement action against non-compliant entities. This has involved significant monetary penalties and suggests that the OSC (now the Capital Markets Tribunal) is committed to attempting to protect investors in the crypto markets through aggressive enforcement action. This article summarizes recent regulatory developments and expectations for crypto regulation.

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CMB Named Top Securities Litigation Firm by Benchmark Litigation


We are pleased to share that Crawley MacKewn Brush LLP has been named the best securities litigation law firm by Benchmark Litigation

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Introducing M&A Risk Advisor...


We are excited to share the launch of a new website called M&A Risk Advisor that we are collaborating on with some great experts.

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Alistair Crawley, Melissa MacKewn & Robert Brush - Leading 500 Lawyers in Canada


Lexpert names 3 Crawley MacKewn Brush lawyers as three of the best securities litigation lawyers in Canada.

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Asli Deniz Eke

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Anna Markiewicz

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Kate McGrann

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Amanda Perumal

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Jonathan Preece

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Matthew Scott

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Joshua Shneer

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Ryan Taylor

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Clarke Tedesco

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Dan Thomas

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