Qin v. Ontario Securities Commission
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Doherty, Pepall and Thorburn JJ.A. |
| Neutral Citation | 2021 ONCA 165 |
| Citation | 2021 ONCA 165 |
| Docket Number | C68534 |
| Date | 18 March 2021 |
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8 practice notes
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Court Of Appeal Summaries (March 15 ' 19, 2021)
...2013 ONSC 5508 (Div. Ct.), Dare Foods (Biscuit Division) Ltd. v. Gill, [1973] 1 O.R. 637 (H.C.) Qin v. Ontario Securities Commission , 2021 ONCA 165 Keywords: Securities Regulation, Offences, Enforcement, Mareva Injunctions/Asset Freezes, Torts, Malicious Prosecution, Civil Procedure, Strik......
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Dunn v. British Columbia (Securities Commission)
...of capital markets, in Ontario or elsewhere. [42] This standard was described by Doherty J.A. in Qin v. Ontario Securities Commission, 2021 ONCA 165, as one that is less exacting than the inquiry required when assessing whether there is “reasonable and probable cause” to take proceedings. I......
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Singh v. Harpreet
...issue previously and finally decided in proceedings involving the same parties or their privies.”: Qin v. Ontario Securities Commission, 2021 ONCA 165, para. 16; Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44, at paras. 20, [26] There is no gen......
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Bank of Montreal v. 2104984 Ontario Inc.
...in the second proceeding raises the same question that was decided in the previous proceeding. See Qin v Ontario Securities Commission, 2021 ONCA 165, at para 17. Harris J has already made a finding of mixed fact and law that Qader’s October 2025 request was not a material fact that needed ......
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5 cases
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Dunn v. British Columbia (Securities Commission)
...of capital markets, in Ontario or elsewhere. [42] This standard was described by Doherty J.A. in Qin v. Ontario Securities Commission, 2021 ONCA 165, as one that is less exacting than the inquiry required when assessing whether there is “reasonable and probable cause” to take proceedings. I......
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Singh v. Harpreet
...issue previously and finally decided in proceedings involving the same parties or their privies.”: Qin v. Ontario Securities Commission, 2021 ONCA 165, para. 16; Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44, at paras. 20, [26] There is no gen......
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Ontario Securities Commission v. Cacoeli Asset Management
...of Appeal has interpreted the evidentiary burden for matters under s. 126 of the Securities Act. In Qin v. Ontario Securities Commission, 2021 ONCA 165, at paras. 19-27, the Court of Appeal accepted that the evidentiary burden for continuing freeze directions is the “serious issue to be tri......
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Ontario Securities Commission v. Saini
...Solar, 2015 ONSC 2334, at para. 31. Future Solar was upheld by the Ontario Court of Appeal in Qin v. Ontario Securities Commission, 2021 ONCA 165. The test, as set out by Justice Pattillo in Future Solar, is as [31] In summary, in order for the court to continue the Freeze Directions pursua......
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2 firm's commentaries
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Court Of Appeal Summaries (March 15 ' 19, 2021)
...2013 ONSC 5508 (Div. Ct.), Dare Foods (Biscuit Division) Ltd. v. Gill, [1973] 1 O.R. 637 (H.C.) Qin v. Ontario Securities Commission , 2021 ONCA 165 Keywords: Securities Regulation, Offences, Enforcement, Mareva Injunctions/Asset Freezes, Torts, Malicious Prosecution, Civil Procedure, Strik......
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Ontario Court Of Appeal Clarifies That The Test To Continue A Freeze Order Under The Ontario Securities Act Has A Lower Standard Than The Test For Reasonable And Probable Cause.
...v. Ontario Securities Commission, 2021 ONCA 165 ("Qin"), the Ontario Court of Appeal considered whether a prior judicial finding that a freeze order under s. 126(5.1) of the Ontario Securities Act was "reasonable and expedient" in the circumstances precluded a party from arguing in a mali......
