Dispute Resolution

Bulletin

Good Laws Gone Bad: Continued Confusion over the Materiality Standard in Civil Misrepresentation Actions[57]

May 21, 2019 – The following article was originally published in our 2019 Canadian Capital Markets Report. Read the complete report. Civil liability for secondary market disclosure was conceived by securities regulators with the best of intentions. But, left to the courts to develop without supervision by its…

Bulletin

Success Fees in Advisory Agreements: Financial Advisers (and Their Clients) Take Note[58]

May 21, 2019 – The following article was originally published in our 2019 Canadian Capital Markets Report. Read the complete report. The decision of the Ontario Court of Appeal in RBC Dominion Securities v Crew Gold Corporation underscores the importance of clearly delineating the circumstances in which a…

Guide

2019 Canadian Capital Markets Report[59]

May 21, 2019 – The year 2018 witnessed ongoing volatility in global markets, fuelled by geopolitical uncertainty, rising trade tensions and slowing world economies. In Canada, emerging market sectors continued to gain steam, most notably the cannabis industry, which experienced a dramatic uptick in investment and…

Bulletin

Policy Prevails over Fine Print: Successful Ambush in British Columbia Clarifies the Use of Blank Proxies[60]

May 06, 2019 – A recent decision of the British Columbia Supreme Court in Russell v Synex International Inc. (Synex) validated a dissident’s floor nomination and the subsequent election of an entirely new board. Notably, the dissident cast his votes using the authority given to him by shareholders who appointed…

Bulletin

Search Warrants: Misleading the Court Compromises the Integrity of the Process[61]

May 02, 2019 – The Supreme Court of Canada (SCC) in Agence du revenu du Québec v 9229-0188 Québec inc. has dismissed an application for leave to appeal filed by Revenu Québec (RQ), acting as part of the Permanent Anti-Corruption Unit of Québec. In doing so, the SCC leaves intact the action brought by Davies on…

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