Securities Litigation: The Public and Private Enforcement of Securities Law

Securities litigation is among the most dynamic and important areas of commercial litigation practice in Canada. The practice area breaks into two principal sub-specialties: (i) shareholder class actions before the superior courts of the provinces and (ii) administrative/quasi-criminal proceedings before securities regulatory tribunals like the Ontario Capital Markets Tribunal (“OCMT”) and the provincial courts. While procedurally and substantively distinct, these two areas have in common the private and public enforcement of provincial securities laws, like the Ontario Securities Act in the interest of investor protection and ensuring the integrity of our capital markets. The course will address from a practical and policy perspective both aspects of securities litigation practice. 

The course will explore several recurring themes, including the interaction between public and private enforcement of our securities laws; the complementary goals of investor compensation, the deterrence of corporate malfeasance, the integrity of our capital markets, the competitiveness of our capital markets, and the role of courts and the OCMT in reviewing mergers and acquisition transactions. 

Course leaders will be regularly assisted by guest lecturers who are leading securities litigation practitioners (defense and plaintiff-side), sitting class action Judges, M&A practitioners, and leading experts in the fields of capital market economics and litigation finance.