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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…

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…

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…

Background On March 24, 2015, the Ontario Securities Commission (OSC) released its decision against a former mergers and acquisition lawyer, Mitchell Finkelstein (Finkelstein) and four investment advisors (together, the respondents) in a high profile tipping¹ and insider trading² decision. OSC staff alleged that Finkelstein tipped his long-time friend, Paul Azeff (Azeff), an investment advisor, about…

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