The applicant, an investment fund manager, applied on behalf of several investment funds (the Top Funds) for exemptive relief from the investment restrictions in the Securities Act and National Instrument 31-103.
The relief sought would permit the Top Funds to invest in other investment funds managed by the applicant (the Underlying Funds) even where the Top Funds become substantial security holders of the Underlying Funds, or where responsible persons have a significant interest in the Underlying Funds.
The Ontario Securities Commission granted the requested relief, subject to several conditions including that the investments are compatible with the Top Funds' objectives, no duplicative fees are charged, and the Underlying Funds' net asset values are independently determined.