Blog

Introduction

Recently, in Canada, there have been some high-profile cases stemming from charges arising out of the Corruption of Foreign Public Officials Act (CFPOA). Though there have not, to date, been many prosecutions under this Act, that is starting to change. The RCMP now are involved in more than 30 active investigations and it is only a matter of time before more charges are brought. However, even with the limited number of cases we have in Canada, there are ...

The Corruption of Foreign Public Officials Act (CFPOA) is a Canadian piece of legislation that was passed in 1998 and came into force in 1999. It deals with the bribery of foreign public officials. It was created in order to fulfil Canada’s international obligations as a member of the Organisation for Economic Co-operation and Development (OECD).

The offence of bribery is defined in section 3(1) of the CFPOA. There are essentially 5 elements to the definition. Firstly, the offence must be ...

Sentencing someone for a crime that they have committed is one thing.  But what should be done when it is apparent that a young person is headed down the wrong path?  Is the criminal justice system the right place to deal with these concerns or are there other avenues?  Read the story here.

A recent report reveals a disturbing pattern whereby First Nations people are over-represented in our jails but under-represented in the jury system.  Read the article here.

Tushar – the life saver.

I was charged with an over 80 after attending a friend’s birthday party. My case was particularly difficult as I had blown almost twice the legal limit.

I interviewed 6-7 lawyers. I felt helpless as the first question every lawyer would ask me was how much of a retainer I’d be able to pay them. Tushar was the first lawyer to sit down and discuss my case and explain the fee structure later.

I retained Tushar and he ...

In a recent Divisional Court decision (January 11, 2013), the Ontario Superior Court of Justice denied the Appellant’s appeal to set aside an earlier order of the Ontario Securities Commission approving a settlement he had entered into with the staff of the Commission.

The Appellant, Andrew Rankin, was charged with insider trading and tipping under sections 76(1) and (2) of the Securities Act. It was alleged that he had given confidential information obtained through his employment at RBC Dominion Securities Inc. ...

On Tuesday March 5, 2013, The Ontario Securities Commission (OSC) reprimanded a former dentist for his involvement in a $40-million Ponzi scheme.  This was part of the settlement agreement that Peter Sbaraglia entered into before the OSC.  Sbaraglia can now only own limited securities through his RRSP and is permanently banned from ever becoming an officer or director of any company or investment firm registered with the OSC.  At his hearing, Sbaraglia admitted to his role in having raised $21 ...

If you are being investigated by the Ontario Securities Commission (OSC), at some point formal proceedings may be initiated against you. This can occur either at the conclusion of the investigation or while the investigation is still ongoing. It is Enforcement staff (a branch of the OSC) that carry out the investigation and it is Enforcement staff that can initiate formal proceedings.

Formal proceedings before the OSC are initiated by the Issuance of a Statement of Allegations by Enforcement staff. The ...

A cease trade order prohibits the subject of the order from trading. It can be a narrow ban or a complete ban on trading. These orders are made in the context of an OSC enforcement proceeding.

Where Enforcement staff (the investigative branch of the Ontario Securities Commission (OSC)) believe that a company’s or individual’s actions are an immediate and ongoing threat to either the public or the capital markets, it can apply to the Commission of the OSC for a temporary ...

Ontario’s capital markets are overseen by the Ontario Securities Commission (OSC). Contraventions of securities laws are investigated by a branch of the OSC known as Enforcement staff.

Enforcement staff have broad powers to carry out their investigations. Under section 127 of the Securities Act (Ontario), Enforcement staff derive their authority to commence proceedings against both individuals and companies suspected of either violating securities laws or acting against the public interest. These proceedings take place at the OSC and are administrative hearings. ...