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The following article was published on the BC Securities Commission’s website on June 23, 2020. On June 23, 2020, the Canadian Securities Administrators (CSA) released its fiscal year 2019/20 Enforcement Report, which outlines how securities regulators are protecting investors and the integrity of Canada’s capital markets. Highlights from the fiscal year 2019/20 Enforcement Report include:…

The BC government introduced legislative amendments to the Securities Act (British Columbia) to improve the BC Securities Commission’s (the BCSC) ability to collect penalties as well as improve enforcement of white-collar investment offences. Bill 33, which lists the legislative amendments, was introduced to the legislative assembly on October 22, 2019 and had its first reading….

The BC Securities Commission published the following press release on June 26, 2019: The Canadian Securities Administrators (CSA) released its fiscal year 2018/2019 Enforcement Report, which outlines how securities regulators are protecting investors and the integrity of Canada’s capital markets. The report highlights the cross-jurisdictional collaboration and investments in technology that have enabled CSA members…

Mike Caswell posted the following article on April 20, 2018 on Stockwatch. He summarizes the findings of the Court of Appeal decision of Davis v. British Columbia (Securities Commission), 2018 BCCA 149. My colleague, Patricia Taylor and I argued this case in the Court of Appeal. The B.C. Securities Commission must be gentler with its…

The Advocate Daily recently published this news release entitled, “Regulatory settlement not enough to determine liability in civil proceeding” by Kim Duong, a Toronto insurance lawyer. In this case, the plaintiffs tried to argue that a settlement, which one of the defendants entered into with the Mutual Fund Dealers Association of Canada, should be used…

In the decision of Finkelstein v. Ontario (Securities Commission), 2016 ONSC 7507, Mitchell Finkelstein (Finkelstein), Paul Azeff (Azeff), Korin Bobrow, Howard Miller (Miller), and Francis Cheng (Cheng, and together, the appellants) appealed the decision of the Ontario Securities Commission (OSC) dated March 24, 2015 in which they were held to have breached certain provisions of…

The Calgary Herald recently published an article entitled, “Alberta Securities Commission and RCMP create new team to tackle white-collar crime” by Bill Graveland. This new unit called the “Joint Serious Offences Team” will investigate and prosecute cases under Alberta’s Securities Act or the Criminal Code. This unit’s goal will be to target repeat offenders of…

As of July 1, 2016, a new subsection came into force in the Securities Act (Ontario) (the Act) prohibiting a person in a “special relationship” with an issuer, with knowledge of material non-public information (MNPI), from recommending or encouraging a trade in that issuer’s securities. The new subsection 3.1 reads as follows: Recommendation (3.1)  No…

The following article was published in the Globe and Mail on January 18, 2016. It discusses the BC Securities Commission’s computer program that it introduced in 2014 to read regulatory filings. This program uses a computerized “predictive risk model” to find companies that sell securities to unqualified people in the exempt market. According to the…

On March 31, 2015, the Ontario Securities Commission (OSC) issued an Order approving a settlement agreement between OSC staff and Anand Hariharan (Hariharan) who traded in securities of a non-reporting issuer while in possession of material non-public information (MNPI). Background Hariharan’s close childhood friend, Satish Talawdekar (Talawdekar) was a manager in the IT department of…

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