The recent Superior Court of Justice, Divisional Court decision in David Charles Phillips and John Russell Wilson v the Ontario Securities Commission 2016 ONSC 7901 (“Appeal Decision”) provides important insights into the application of the test for fraud under section 126.1 of the Ontario Securities Act…
On April 4, 2017, the Canadian Securities Administrators (CSA) published for comment Proposed National Instrument 93-101 Derivatives: Business Conduct (“Proposed Instrument”) and a related proposed companion policy, 93-101 Derivatives: Business Conduct (“Proposed CP”). The comment period will last 150 days, closing on September 1, 2017, during…
On February 27, 2017, The Canadian Securities Administrators (CSA) published its 2016 Enforcement Report (The Report). The ninth annual report highlights actions taken by the CSA to police the capital markets. The report states that as a result of increased cooperation between the CSA and…
On March 21, 2017, the Canadian Securities Administrators (CSA) announced that they are launching a project to review the disclosure of risks and financial impacts associated with climate change (“Disclosure Review Project”). The project will gather information on the current state of climate change disclosure…
On March 2, 2017, the Canadian Securities Administrators (CSA) issued a warning to Canadians about binary options fraud. The CSA had formed the Binary Options Task Force to raise awareness and protect Canadians from binary options scams. It has launched a new resource site, www.BinaryOptionsFraud.ca,…
The Ontario Securities Commission (OSC) published a news release on March 8th, 2017 advising businesses that use distributed ledger technologies (“DLT”), such as blockchain, as part of their financial products or service offerings that they may be subject to Ontario securities law requirements. http://www.osc.gov.on.ca/en/NewsEvents_nr_20170308_osc-highlights. The press…
On March 9th, 2017, the Canadian Securities Administrators (“CSA”) published CSA Staff Notice 51-348 Staff’s Review of Social Media Used by Reporting Issuers (“Staff Notice”). The Staff Notice summarizes the finding of the Alberta, Ontario and Québec securities commissions after a review of the social…
On January 26th, 2017, the Canadian Securities Administrators (CSA) published in final form CSA Staff Notice 54-305, Meeting Vote Reconciliation Protocols (Protocols). Meeting vote reconciliation consists of the processes used to tabulate proxy votes for shares held through intermediaries. The Protocols contain: • CSA staff…
Over the last 40 years the University of Calgary Law School has distinguished itself on the Canadian legal landscape as as a leader in innovative approaches to legal education and expertise on law and policy relating to Canada’s natural resources. Barbara Hendrickson is very proud…
This being the highest peer rating standard. This rating signifies that the lawyer’s reviewed peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. Martindale-Hubbell® Peer Review Ratings™ are the gold standard in lawyers ratings,…