Tribunal of the Financial and Consumer Services Commission’s decision to grant stay of proceedings for reason of delay set aside

15. August 2017 0
Edmond deals with the issue of when, and under what circumstances, a delay in the administrative process will warrant an order granting a stay of proceedings. Administrative law – Decisions of administrative tribunals – Securities Commission – Jurisdiction – Judicial review – Stay of proceedings – Delay – Appeals – Standard of review New Brunswick (Financial and Consumer Services Commission) v. Edmond, [2017] N.B.J. ...

Investment Industry Regulatory Organization of Canada (IIROC)

21. August 2015 0
Appeal from Ontario Securities Commission decision upholding finding of conduct unbecoming a registrant by the Investment Industry Regulatory Organization of Canada. Administrative law – Admissibility – Conduct of Hearings – Conduct unbecoming – Decisions of administrative tribunals – Evidence – Hearings – Investment Regulatory Organization of Canada – Judicial Review – Procedural requirements and fairness ...

Appeal from Ontario Securities Commission decision upholding finding of conduct unbecoming a registrant by the Investment Industry Regulatory Organization of Canada

28. July 2015 0
Administrative law – Decisions of administrative tribunals – Investment Regulatory Organization of Canada – Securities Commission – Stock brokers – Professional governance and discipline – Professional misconduct / conduct unbecoming – Hearings – Conduct of hearings – Judicial review – Standard of review – Reasonableness simpliciter – Procedural requirements and fairness – Evidence – admissibility Northern ...

Decision by the Alberta Court of Appeal overturning a decision by the Alberta Securities Commission that found five individuals culpable of charges stemming from insider trading

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Penalties – Judicial review – Evidence – Compliance with legislation Walton v. Alberta (Securities Commission), [2014] A.J. No. 909, 2014 ABCA 273, Alberta Court of Appeal, August 29, 2014, P.W.L. Martin, F.F. Slatter JJ.A. and R.E. Nation J. ...

Appeal from decision of Ontario Securities Commission finding appellants contravened Securities Act

24. December 2013 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Professional governance and discipline – Competence – Investigations – Judicial review – Compliance with legislation – Evidence – Procedural requirements and fairness – Bias Taylor v. Ontario (Securities Commission), [2013] O.J. No. 4988, 2013 ONSC 6495, Ontario Superior Court of Justice, ...

The Court of Appeal dismissed an appeal by Zhu from a British Columbia Securities Commission decision refusing to set aside an order freezing certain bank accounts of a company where Zhu was the sole director. The company was alleged to have breached provisions of the Securities Act, R.S.B.C. 1996, c.418, by operating a cash rebate program which was in substance an investment contract and security, without a prospectus. As well, the rebate program was alleged by the Executive Director to be, in effect, a Ponzi scheme. The Court, in dismissing the appeal, held that the Commission had a very broad discretion in determining whether Zhu had established that revocation of the freeze order would not be prejudicial to the public interest. The Commission’s approach was clearly within its mandate and did not lend itself to guidance by way of tests, mandatory criteria or other guidelines that would tie the Commission’s hands. The Commission’s decision not to revoke the freeze order was reasonable.

25. June 2013 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Investigations – Stock brokers – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Freezing of bank accounts – Public interest – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter Zhu v. British Columbia (Securities Commission), [2013] ...

The Appellant, Mr. Alexander, was not successful in his appeal of a disciplinary hearing conducted by the Respondent Securities Commission

23. April 2013 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Investigations – Penalties and suspensions – Judicial review – Compliance with legislation – Natural justice – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter British Columbia (Securities Commission) v. Alexander, [2013] B.C.J. No. ...

The appellant unsuccessfully appealed a decision of the respondent Ontario Securities Commission, dismissing his application to set aside an order of the Commission approving a settlement he made with the Commission’s staff. The appellant argued before the Commission and on appeal that the order approving settlement should have been set aside because of non-disclosure of material information by the Commission staff prior to the settlement and that a member of the Commission was biased.

26. February 2013 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Settlements – Judicial review – Bias – Procedural requirements and fairness – Disclosure Rankin v. Ontario (Securities Commission), [2013] O.J. No. 259, 2013 ONSC 112, Ontario Superior Court of Justice, January 11, 2013, M. Brown R.S.J., P.T. Matlow ...

The staff of the Securities Commission appealed an order directing them to answer a discovery question. The appeal was allowed and the matter was remitted to the Commission. The dispute was a matter falling squarely within the regulatory mandate and expertise of the Commission.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Practice and procedure – Examination for discovery – Judicial review – Legislative compliance – Jurisdiction of court – Privilege and immunity – Evidence  – Disclosure – Relevance of information disclosed Nova Scotia (Securities Commission) v. Potter, [2012] N.S.J. ...

The Court of Appeal remitted the matter back to the BC Securities Commission after it failed to provide an explanation for why its decision to limit the appellant’s ability to trade securities was in the best interests of the public

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Stock brokers – Disciplinary proceedings – Penalties – Public interest – Judicial review – Compliance with legislation – Standard of review – Correctness – Failure to provide reasons – Limitations McLean v. British Columbia (Securities Commission), [2011] B.C.J. No. 2124, 2011 BCCA 455, British Columbia ...