Fabrice Benoît Fabrice Benoît

Greater clarity on Prohibited Insider Trading in the United States?

Canadian securities legislation explicitly prohibits trading by insiders who possess material non-public information (MNPI). However, notwithstanding...

Listing in the REIN: Cruel and unusual punishment under the Charter?

Does the automatic listing in the Register of enterprises ineligible for public contracts constitute cruel and unusual punishment within the meaning...

AMF not successful in convincing Court of Appeal in a market manipulation case

The Québec Court of Appeal recently rendered a judgment addressing the elements constituting an offence for market manipulation as set forth in...

The AMF is called to order by the Québec Superior Court

In a rare judgment, the Québec Superior Court dismissed an administrative decision rendered by the Autorité des marchés financiers (the AMF, the...

L’AMF rappelée à l’ordre par la Cour supérieure

Avant de rendre une décision, le décideur administratif a l’obligation de (i) notifier un préavis mentionnant les motifs qui justifient ladite...

Québec Court of Appeal harmonizes Canadian law by prohibiting pre-leave discovery in securities class actions

A Québec Court of Appeal decision in Amaya inc. c. Derome harmonizes the law across Canadian provinces with regard to the prohibition against...

Developments in white-collar & capital markets regulatory enforcement

Regulators continue to try to “move the needle” in their pursuit of insider trading and other white-collar misconduct.

AMF releases paper on managing conflicts of interest related to incentives in insurance

The Autorité des marchés financiers (the “AMF”) recently released an issues paper on managing conflict of interest risk in relation to...

The Jordan framework applies to contempt of court proceedings in civil matters

In St-Amour v. Major, the Superior Court decided that the new framework defined by the Supreme Court in R. v. Jordan regarding the right to a trial...

Board’s Role in Crisis Management: Expecting the Unexpected

The impact of a crisis on a business can be felt throughout the organization and could negatively affect not only its reputation, but that of its...