Ontario Securities Act

News & Analysis as of

Court of Appeal Addresses Outstanding Issues in Securities Class Actions - Green v Canadian Imperial Bank of Commerce

Ontario's statutory regime for secondary market liability came into effect in 2006 as a result of amendments to the Securities Act (Ontario) (the OSA), creating a statutory cause of action for deficient market disclosure....more

Ontario Court of Appeal Overturns Timminco

The Court of Appeal for Ontario, 2014 ONCA 90, has determined that the commencement of a class action for statutory misrepresentation in the secondary market within the three year limitation period provided in Part XXIII.I of...more

Striking Oil?: Court allows secondary market securities class action for shares purchased on a foreign stock exchange

In Kaynes v. BP, 2013 ONSC 5802, Justice Conway determined that a statutory claim for secondary market misrepresentation under the Ontario Securities Act (“OSA”) is a “statutory tort” over which the Ontario Superior Court of...more

Plaintiffs Denied Leave in the Latest Decision under Part XXIII.1 of the Ontario Securities Act

In Bayens v Kinross Gold Corp, released November 5, 2013, Justice Paul Perell of the Ontario Superior Court of Justice denied the plaintiffs in a putative class action leave to advance a statutory claim for securities market...more

Class Action Decision Considers Secondary Market Misrepresentation Actions

On July 25, 2013, Justice Belobaba of the Ontario Superior Court of Justice released his decision (2013 ONSC 4083) certifying a proposed class action brought by the Ironworkers Ontario Pension Fund against Manulife Financial...more

The Test for Leave under Part XXIII.1: Ambiguity Remains

Ontario's statutory regime for secondary market liability came into effect in 2006 as a result of amendments to the Securities Act (Ontario) (OSA), which created a statutory cause of action for deficient market disclosure....more

UPDATE: Proposed Class Action Based On Offering Document Misrepresentations Certified For Purposes Of Settlement

On May 21, 2013, Perell J. certified a proposed class action against certain defendants in Zaniewicz v. Zungui Haixi Corp. based on misrepresentations in Zungui’s IPO offering documents and other disclosure documents,...more

Securities Act Allows Disclosure of Information Obtained in OSC Investigations Without Notice to Affected Persons

On June 21, 2013, amendments to the Ontario Securities Act (the Act) contained in Bill 65 — the Prosperous and Fair Ontario Act (Budget Measures), 2013—were brought into force. Certain of the amendments have the potential to...more

Court Confirms That S. 130 Of The Ontario Securities Act Applies Only To Primary Market Purchasers

In the recent decision of Tucci v. Smart Technologies Inc. (2013 ONSC 802), Justice Perell confirmed that the statutory cause of action for misrepresentation in a prospectus (set out in s. 130(1) of the Ontario Securities...more

Court Of Appeal Agrees To Reconsider Timminco

On February 6, 2013, the Court of Appeal for Ontario agreed to review its much discussed decision in Sharma v. Timminco Limited (2012 ONCA 107). Background - Timminco concerned a proposed class action in which...more

Five-Judge Panel of Court of Appeal to Consider Limitation Period for Securities Class Actions

The Court of Appeal for Ontario announced this week that it will convene a special five-judge panel to hear appeals considering the statutory limitation period applicable to securities class actions for secondary market...more

Court Confirms No Need For Defendants To Lead Evidence In Motion For Leave Under Part XXIII.1 Of The Ontario Securities Act

In the recent decision of Dugai, Murphy v. Manulife Financial Corporation (2013 ONSC 327), the Divisional Court confirmed the principle that defendants have no obligation to lead evidence on a motion for leave to assert a...more

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