Michael Mysak

Bennett Jones LLP

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Fraud and Knowing Assistance—Between the Innocents

Fraud continues to plague businesses and individuals in Canada and abroad, increasing at an alarming rate. Those involved in asset recovery frequently turn to the equitable doctrine of knowing assistance to catch "strangers"...more

1/8/2019 / Appeals , Breach of Duty , Canada , Commercial Real Estate Contracts , Fiduciary Duty , Fraud , Investment Fraud , Real Estate Investments , Supreme Court of Canada

SCC Renders Judgment on Cooperative National Securities Regulator

Is the End in Sight? On November 9, 2018, the Supreme Court of Canada (SCC) unanimously ruled that a proposed pan-Canadian securities regulator is constitutionally acceptable. The decision, Reference re Pan-Canadian...more

11/14/2018 / Canada , Constitutional Challenges , Regulatory Agenda , Regulatory Oversight , Securities , Supreme Court of Canada

Norwich Relief—SCC Provides Guidance on Pre-Trial Disclosure Orders

On September 14, 2018, the Supreme Court of Canada (SCC) released its decision in Rogers Communications Inc v Voltage Pictures, LLC, 2018 SCC 38 confirming the test set out in Leahy for obtaining a Norwich order (consistently...more

9/17/2018 / Canada , Copyright , Copyright Infringement , Corporate Misconduct , Investigations , Supreme Court of Canada

Supreme Court of Canada Denies Jury Trials for Securities Act Offences

In two recent decisions, R v Peers, 2017 SCC 13 and R v Aitkens, 2017 SCC 14, the Supreme Court of Canada (SCC) held that those accused of securities law offences do not have the right to a trial by jury....more

3/2/2017 / Canada , Criminal Prosecution , Jury Trial , Securities Fraud , Supreme Court of Canada

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