Advisor’s Costly Conflict: Court Upholds OSC’s $500K Penalty and Industry Ban against Advisor who inherited from elderly client
Summary In Marrone v Ontario Securities Commission, 2024 ONSC 4750, the Ontario Divisional Court recently upheld a 2023 decision of the Ontario Securities Commission (OSC) sanctioning the appellant, a former mutual fund representative, for failing to disclose conflicts of interests involving an elderly client. Marrone had been appointed as the client’s power of attorney, alternate executor, and a beneficiary of her estate, ultimately inheriting $1.8 million after her death. The OSC determined that Marrone’s actions violated securities regulations and industry standards, leading to significant penalties. Background Aurelio Marrone was a mutual fund representative registered with a firm that was a ... [more] Full article
Supreme Court of Canada affirms jurisdiction of securities commissions over out-of-province parties
In Sharp v Autorité des marchés financiers, 2023 SCC 29, the Supreme Court of Canada provided further guidance about when provincial schemes to regulate securities can apply to individuals outside ... [more] Full article
It has a name! New Self-Regulatory Organization (finally) announces its new name
On January 1, 2023, the amalgamation of investment industry self-regulatory organizations, the Investment Industry Regulatory Organization of Canada (“IIROC”) and the Mutual Fund Dealers Association of Canada (“MFDA”) became official. ... [more] Full article
SCC agrees to hear appeal on whether Securities Commission penalties can survive bankruptcy
On March 31, 2023, Canada’s top court granted leave to appeal from the B.C. Court of Appeal’s decision in Poonian v. British Columbia (Securities Commission) that a securities commission administrative ... [more] Full article
- Catch and Exclude: The Ontario Court of Appeal reaffirms the Canadian approach to defining a “Security”
- Securities regulators provide guidance to investors and market participants during COVID-19 pandemic
- Has the OSC’s “special treatment” by appeal courts come to an end?
- Controversy as IIROC proposes merger with MFDA
Securities Regulatory Contributors
Adam Casey
Adam’s litigation practice includes a range of matters involving civil and commercial litigation, shareholder disputes, administrative law, competition law, and insurance defence. Adam joined AGM having completed his articles at a leading international law firm and graduated from the McGill University Faculty of Law.
- Supreme Court of Canada clarifies when fraud by senior management will be attributed to a corporation
- Supreme Court of Canada affirms jurisdiction of securities commissions over out-of-province parties
- Court of Appeal Comments on Knowledge Requirement for Torts of Knowing Assistance and Knowing Receipt
Kenneth A. Dekker
Kenneth Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
Ardita Sinojmeri
Ardita joins Affleck Greene McMurtry LLP as an Associate Lawyer after completing her articles with the firm. Her growing practice encompasses a broad range of litigation matters including securities litigation, insurance defence, employment disputes, and shareholder disputes. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Prior to joining the firm, she participated in a number of initiatives aimed at helping individuals and businesses struggling through COVID-19. Ardita looks forward to putting her legal, business, and community engagement skills to use in all the firm’s practice areas.
- Advisor’s Costly Conflict: Court Upholds OSC's $500K Penalty and Industry Ban against Advisor who inherited from elderly client
- The Ontario Court of Appeal Confirms: Independent Contractors Have a Duty to Mitigate
- Superior Court clarifies that unmet shareholder expectations do not always amount to oppression
