This article was originally published in Blakes Bulletin on Litigation - May 2005
A person who faces allegations of breach of a regulatory framework, such as securities regulation, may be confronted with the possibility of attack on several fronts. He may face litigation jeopardy in the form of a criminal prosecution, a quasi-criminal prosecution, an administrative hearing and, very often, a civil proceeding.
Obviously, in the context of the regulation of the capital markets, it is not simply the issuer company that is at jeopardy. Regulators are increasingly focusing on officers and directors in their investigations and enforcement proceedings. For instance, Tom Atkinson, President and CEO of Market Regulations Services Inc., recently stated that "[w]e are going after senior officers at firms that have had plenty of notice they were committing violations …" and that "[w]e’ll look at the man
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Directors and officers can face personal liability exposure in a wide range of circumstances, including claims for securities misrepresentation, breach of fiduciary duty, negligence, oppression and liabilities imposed by statute.
Join members of the Blakes Enterprise Risk & Crisis Response group for a practical discussion about the various ways directors and officers can be protected against personal liability and the limits on such protections.
On May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) will come into force. Though not a Canadian law, the GDPR will apply to Canadian businesses that offer goods or services to, or monitor the behaviour of, EU residents.
Canadian businesses that process personal information on behalf of organizations located in the EU will also be impacted. The GDPR imposes stringent and prescriptive requirements on organizations and carries hefty fines for non-compliance. Preparation is imperative.
Join us for an introduction to industrial blockchain as well as a review of its relevance to oil and gas projects and the application of smart contracts within the blockchain and existing doctrines of contract law.
On April 19, 2018 the Ontario Court of Appeal reversed the trial decision in MacIvor v Pitney Bowes, finding that the LTD policy in question covers claims that arise during the course of an employee's employment, ...
Managing the risk and cost of litigation is a challenge for many businesses. They may forgo meritorious and potentially
profitable litigation due to budgetary pressures
Now that the Supreme Court of Canada has denied leave to appeal in Suncor Energy Inc. v. Alberta (2017) 415 D.L.R. (4th) 499 (Alta C.A.) it will be harder to establish solicitor-client privilege ...
In an attempt to keep LTD counsel apprised of any significant LTD case law, Eric Schjerning will send this update whenever warranted by new case law. It may be 4 times per year or only once
In the recent Quebec Court of Appeal decision in Benisty v. Kloda, 2018 QCCA 608, the Court of Appeal considered what to do with this type of recorded evidence.
In Wallbridge v. Brunning, the Court of Appeal for Ontario set aside a summary judgment granted in favour of the defendant partnership of lawyers, Williams Litigation Lawyers ("Williams").
Recent Legal Developments - Summaries Of Relevant, Recent Cases (Video Content)
