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Published on: 2 Jun 2021 By

Securities regulators target Poloniex, an unregistered cryptocurrency exchange

Canadian regulators have escalated their confrontation with unregistered Crypto-Platforms.1 On May 25, 2021, the OSC issued a Notice of Hearing and Statement of Allegations2 accusing Polo Digital Assets, Ltd., a Crypto-Platform operating under the name Poloniex, of registration and disclosure violations. The confrontation is unsurprising to those reading the regulatory tea leaves. In a press release...

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Published on: 6 Jan 2021 By

The SEC crackdown on crypto-securities: SEC v. Ripple

It’s a busy new year for lawyers representing Ripple Labs Inc. (“Ripple”), as they prepare to face off with American regulators in the “Cryptocurrency Trial of the Century”. On December 22, 2020, the U.S. Securities and Exchange Commission launched an action against Ripple Labs Inc. and two of its executives alleging the violation of federal...

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Published on: 26 Jan 2022 By

TL;DR – Who reads the Terms of Use?

Business owners: do you think your customers read your website’s Terms of Use? Probably not. However, you probably want your customers to read it. Afterall, the Terms of Use sets out the backbone of your legal relationship with your website’s visitors. Throughout the years, Terms of Use have become so long and so technical that...

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Published on: 25 Nov 2014 By

Capacity and Powers of Attorney

When we speak about “capacity” in the legal sense, we are considering whether a person can make a decision in a certain set of circumstances and understand the consequences of making, or not making, the decision. The decision maker does not necessarily need to make the “best” or the “right” decision, so long as they...

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Published on: 5 Feb 2014 By

A Good Day for Investors: The Ontario Court of Appeal Fixes the Timminco Problem

On February 3, 2014, the Ontario Court of Appeal released its decision Green v Canadian Imperial Bank of Commerce. This decision set aside the Court’s previous interpretation of the leave process under Part XXIII.1 of the Ontario Securities Act with respect to the limitation period. In doing so, the Court has brought rationality back to the...

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Published on: 18 Jan 2010 By (Dianne Saxe)

Environmental Penalties higher in 2009

The Ministry of the Environment issued more environmental penalties in 2009: 13, totalling over $107,000. Although the total is still small, this is a significant increase over the 6 EP, totalling $69,583, that the Ministry issued in 2008. Companies were able to obtain reductions of up to 25% through negotiations with the Director, though the...

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Published on: 7 May 2015 By

OCA Clarifies Franchisor Disclosure Obligations

After getting off to a shaky start, the Ontario Court of Appeal seems to be finding its feet in the interpretation of franchisors’ disclosure obligations as mandated by the Arthur Wishart Act (Franchise Disclosure) 2000, S.O. 2000 c. 3, and its General Regulation. In the case of Caffé Demetre Franchising Corp. v. 2249027 Ontario Inc., 2015...

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Published on: 15 Jun 2021 By

The SCC’s Greenhouse Gas Pollution Pricing Act Decision: A win for climate change protection, but what’s next?

On March 25, 2021 the Supreme Court of Canada (SCC) released its decision References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11.1 While the question before the Court was the scope of the federal government’s jurisdiction, the practical effect of the decision was describing how climate change prevention could be legislated in Canada. If...

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Published on: 11 May 2017 By

Class Action Case Comment: Vester v Boston Scientific Ltd., 2017 ONSC 1095

Background The Defendants, Boston Scientific Ltd. and Boston Scientific Corporation (collectively “Boston Scientific”) designed, manufactured and sold transvaginal mesh (“TVM”) medical devices that were implanted into thousands of Canadian women for the treatment of Stress Urinary Incontinence (“SUI”) and Pelvic Organ Prolapse (“POP”). SUI is the involuntary leakage of urine on effort or exertion, such...

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