Last week, the Ontario Court of Appeal ("ONCA") released its decision in Rowan v Ontario Securities Commission 2012 ONCA 208 [Rowan]. In Rowan, the chief issue was whether s. 127(9) of the Ontario Securites Act, RSO 1990, c S.5 [the Act], which allows the Ontario Securities Commission ("OSC") to order administrative monetary penalties ("AMPs") of up […]
A Long-Awaited Departure Twenty years after arriving in Canada, and seventeen years after his initial deportation order, Leon Mugesera is back in Rwanda to face a slew of charges stemming from comments he made that allegedly sparked the beginning of the Rwandan genocide in 1994. Mugesera sought refuge in Canada in 1992 after being charged […]
In the Supreme Court of Canada’s ("SCC") recent opinion on the federal government’s proposed Securities Act, the Court held that the proposed Act was not a valid exercise of federal power under the general branch of the trade and commerce power in section 91 of the Constitution Act, 1867 (see Reference Re Securities Act, 2011 SCC […]
The Supreme Court recently released its opinion on the federal government’s proposed Securities Act, deciding that the proposal is not a valid exercise of federal power under the general branch of the trade and commerce power (see Reference re Securities Act, 2011 SCC 66). Rather than rejecting the idea of a national securities regulator per […]
This past Tuesday, a group of student editors from The Court, along with our faculty advisor, Simon Fodden, took a visit to the Supreme Court of Canada. We attended the hearing in Kerr v Daniel Leather, a securities case dealing with an issuer's disclosure obligations during the prospectus process. Simon Archer, who came along for […]
Tomorrow, the Supreme Court of Canada will hear the appeal in the Danier Leather case, a case which has been followed by the securities bar and is, sadly, not about bawdy houses in Montreal. At issue in this case is the interpretation of some key terms and provisions in the Ontario Securities Act, RSO 1990, c […]