Brophy v. Harrison: A Reminder of the Costs Consequences for Taking a ‘Hard-ball’ Approach to Litigation
The OSC Whistleblower Program – Three Years Later
The OSC whistleblower program - key program updates and an evaluation three years in.
How Much Does it Cost to Fire An Employee Who is Approaching Retirement? For One Employee, the Court said at Least Three Years’ Pay
Although assessing the length of reasonable notice of termination is one of the most common issues in employment law, judicial determinations of reasonable notice are often unpredictable.
Auditors Owed No Duty of Care to “Client’s Clients” in Lavender
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.
Last Call for Relevant Appeals from the OSC
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.
OSC Publishes Initiatives Aimed at Protecting Seniors
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.
Individual Acts and Corporate Benefits: Towards a More Expansive Standard for Company Liability
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.
OSC Whistleblower Program Explained
ONCA: Miller and Cheng “Ought Reasonably to Have Known” Better
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”).
Should OBSI Have the Power to Make Binding Orders?