New Lessons and Helpful Reminders about Superior Court Compliance Orders

Retirement Homes Regulatory Authority v. In Touch Retirement Living for Vegetarians/Vegans New Lessons and Helpful Reminders about Superior Court Compliance Orders We recently brought an urgent application to enjoin the operation of an unlicensed retirement home in Retirement Homes Regulatory Authority v. In Touch Retirement Living for Vegetarians/Vegans. In granting the injunction and various other orders, Justice Nishikawa reinforced some well-established principles and also touched on some new ones. In this article, we outline some of the key takeaways from…...
Read More

A Warning to Contractors and a Lesson for Regulators: Enforcement and Penalties Under the Consumer Protection Act

Written By: Jordan Glick & Jordan Stone Virtually every regulator engages in some form of consumer protection. Concerns relating to false billing, misleading advertising, and the failure to deliver products and services can be found in nearly every regulatory statute. The vigour with which regulators seek the most serious remedies relating to these consumer protection issues is, however, quite variable. In some cases, the media has criticized regulators for not revoking a registrant's registration when they have been found guilty of…...
Read More

Tribunal Provides Guidance on Financial Abuse of Elderly

Written By: Jordan Glick & John Risk Overview Canada has an aging population with more Canadians over the age of 65 than under the age of 15. As the population of older Canadians grows, so does the concerns for elder mistreatment, most commonly financial abuse. Despite this issue being a serious public health concern, the topic has rarely crept into the legal lexicon. More recently, Law makers, regulators, and adjudicators have begun to turn their minds to financial abuse of…...
Read More

The Functus Officio Doctrine: Food for Regulatory Fodder

Written By: Jordan Glick   Consider the following hypothetical: The "Vetting Committee"[1] of a professional regulator refers specified allegations of professional misconduct against a member to the Discipline Committee. After the Notice of Hearing is signed, new information arises which would have likely influenced the referral itself. Is the Vetting Committee entitled to reconsider its own decision in light of the new information? Does the answer change if the new information is received after the referral is made but before…...
Read More

Interpreting a Regulator’s Jurisdiction to Award Costs: Lessons from Registrar REBBA v. Jolly

Written by Jordan Glick & Lara Kinkartz WeirFoulds recently acted as Amicus Curiae in a judicial review involving the interpretation of a regulator's jurisdiction to award costs. Although the case focused on the particular statutory framework applicable to the Appeals Committee of the Real Estate Council of Ontario ("RECO"), the case contains important lessons for other regulators. Background In Registrar REBBA v. Jolly, 2016 ONSC 2338 ("Jolly"), the question was whether RECO's Appeals Committee was constrained by the requirement in…...
Read More

Sneaking and Peeking: The Future of Securities Investigation has Arrived

Written by Jordan Glick   Introduction In the 1983 classic Scarface, Tony Montana was recorded laundering millions of dollars by a video camera disguised as a clock.  His captors understood one important lesson: capturing sophisticated criminals requires sophisticated tools. Until recently, it seemed like the Ontario Securities Commission (“OSC”) would never learn that lesson. And then, in May of 2013 (coincidentally just after the movie’s thirty year rerelease), the OSC launched the “Joint Serious Offences Team” (“JSOT”).  The JSOT enables…...
Read More