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ARTICLE · 23 NOVEMBER 2012

Brokers’ Report - November 2012

Borden Ladner Gervais LLP
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The Ontario Securities Commission issued its reasons for decision dismissing a stay motion by Mitchell Finkelstein and a prematurity cross-motion by Staff following the hearing held on November 10 and 11, 2011.

CanadaCorporate/Commercial Law
A. Nicole Westlake
A. Nicole Westlake
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Editor: David Di Paolo

On May 31, 2012, the Ontario Securities Commission (the "Commission") issued its reasons for decision dismissing a stay motion by Mitchell Finkelstein and a prematurity cross-motion by Staff following the hearing held on November 10 and 11, 2011.

Finkelstein sought to stay the Commission's administrative proceeding brought by Staff in relation to his alleged tipping on six separate occasions (the "Stay Motion"). He made his request on the basis that Staff carried out its investigation in a manner which violated both its duty to act fairly and Mr. Finkelsten's fundamental right to a fair and proper "Wells Process". He further alleged that Staff failed to provide sufficient time and particulars to enable him to respond to Staff's enforcement notices sent to him prior to the issuance of the Notice of Hearing, Amended Statement of Allegations and Amended Amended Statement of Allegations. In response to Finkelstein's Stay Motion, Staff brought

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