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Latest Insights & Articles

29 April, 2021

New Guidance on Regulation of Crypto-Trading Platforms in Canada

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3 February, 2021

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

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21 January, 2021

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

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1 April, 2020

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

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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.

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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.

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OSC Whistleblower Program Explained

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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”).

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Should OBSI Have the Power to Make Binding Orders?
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
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
Crawley MacKewn Brush LLP comments on Staff’s recent guidance on the application of securities laws to cryptocurrency offerings.

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Don't be the next Equifax: Cyber-liability in an Age of Data Insecurity - Recognizing and Managing Cyber-Risk
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"
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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Investment watchdogs have been asking for far too much power — and Ottawa just gave it to them Alistair Crawley, Financial Post
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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