Edward P. Kerwin

The Filer, Brookfield Infrastructure Partners L.P., applied for exemptive relief from various continuous disclosure, certification, insider reporting, audit committee, corporate governance, and short form prospectus requirements to accommodate the issuance of debt securities and preferred shares by its indirect subsidiaries.

The Filer could not rely on the existing exemption for credit support issuers because it only owned 71% of an intermediate holding entity.

The Ontario Securities Commission granted the requested relief subject to several conditions, including that the Filer continue to consolidate the holding entities in its financial statements and that the voting agreement giving the Filer control over the holding entity remains in force.

The Filer applied for exemptive relief from various continuous disclosure, certification, insider reporting, audit committee, corporate governance, and short form prospectus requirements to accommodate the issuance of debt securities and preferred shares by its indirect subsidiaries.

The Filer could not rely on the existing exemption for credit support issuers because it only owned 71% of an intermediate holding entity.

The Ontario Securities Commission granted the requested relief, subject to conditions including that the Filer's parent maintains control and direction of the holding limited partnership and that the Filer consolidates the relevant entities in its financial statements.

The Ontario Securities Commission held a hearing on the merits regarding allegations that Richvale Resource Corporation and Pasquale Schiavone engaged in unregistered trading, illegal distribution of securities, and fraud.

The Commission found that the respondents operated a fraudulent scheme akin to a boiler room, soliciting investors with false representations about the company's mining operations and impending public listing.

Investor funds were largely diverted to enrich the directors and employees.

The Commission concluded that the respondents breached multiple sections of the Securities Act, including provisions against unregistered trading, distribution without a prospectus, fraud, and making prohibited representations.

Schiavone, as a de facto director and officer, was found liable for authorizing, permitting, or acquiescing in Richvale's violations.

The Ontario Securities Commission held a hearing on the merits regarding allegations that the respondents engaged in unregistered trading and securities fraud.

The respondents, who were the principals of the New Life group of companies, raised approximately $22 million from investors purportedly to purchase life insurance policies.

The Commission found that the respondents breached section 25(1)(a) of the Securities Act by engaging in acts in furtherance of trades without registration.

Furthermore, the Commission found that the respondents breached section 126.1(b) of the Act by perpetrating a fraud on investors, having misappropriated over 40% of investor funds for personal luxury purchases and having paid fictitious dividends from new investor funds.

As directors and officers, the respondents were also found liable under section 129.2 for authorizing, permitting, and acquiescing in the corporate breaches.

The Filer, a French corporation, applied for exemptive relief from the prospectus and dealer registration requirements of the Securities Act in connection with a global employee share offering.

The offering involved the use of collective employee shareholding vehicles (FCPEs) under French law.

The Ontario Securities Commission granted the requested relief, subject to conditions regarding the first trade of the acquired units or shares.

The Filer, Canadian Tire Corporation, Limited, applied for exemptive relief from the prospectus requirement under the Securities Act for trades of its commercial paper.

The commercial paper did not meet the 'approved credit rating' definition in National Instrument 81-102.

The Ontario Securities Commission granted the exemption, subject to conditions including that the commercial paper matures in not more than one year, is not asset-backed, and maintains a prescribed credit rating from an approved rating organization.

The Filer applied for exemptive relief from the prospectus requirements under section 53 of the Securities Act (Ontario) to permit the use of electronic roadshow materials during the waiting period of a cross-border initial public offering.

Compliance with U.S. offering rules required unrestricted access to these materials, which conflicted with Canadian prospectus rules.

The Ontario Securities Commission granted the relief, subject to conditions including the provision of a contractual right of action for misrepresentations in the materials.

The applicant, Sprott Asset Management LP, applied for exemptive relief from the prospectus requirement under Ontario securities legislation.

The relief sought to permit the posting of electronic roadshow materials on a commercial website during the waiting period for an initial public offering of units in the Sprott Physical Platinum and Palladium Trust.

The Ontario Securities Commission granted the exemption, subject to conditions including that purchasers be provided a contractual right of action for any misrepresentation in the website materials equivalent to the statutory right of action under the Securities Act.

The Green Bay Packers, Inc. applied for an exemption from the prospectus requirement under the Securities Act for the distribution of its common stock in Ontario and other Canadian jurisdictions.

The Filer is a non-profit corporation that operates a National Football League franchise.

The shares do not provide dividends or profit, and the proceeds will be used exclusively for stadium or capital improvements.

The Ontario Securities Commission granted the requested relief, subject to conditions including that no commission is paid for the sale of shares and that the Filer remains a non-profit entity.

The Filers, Dundee Real Estate Investment Trust and Whiterock Real Estate Investment Trust, applied to the Ontario Securities Commission for exemptive relief from the prospectus requirements under section 74 of the Securities Act.

The relief was sought in connection with the proposed distribution of Dundee REIT units to Whiterock REIT and subsequently to its unitholders as part of an acquisition and take-over bid.

The Commission granted the requested relief, subject to certain conditions regarding the first trade of the units.

In an oral decision on the merits, the Ontario Securities Commission found that the respondents breached the Securities Act by perpetrating a fraud on investors, trading securities without registration, and authorizing corporate breaches.

The respondents failed to attend the hearing and Staff's evidence was uncontroverted.

The Commission concluded the respondents acted contrary to the public interest, with reasons to follow and a sanctions hearing to be scheduled.

The respondent, George Schwartz, brought a motion to exclude and seal his compelled evidence, arguing that it was obtained after the predominant purpose of the Commission's investigation became penal, relying on the Supreme Court of Canada's decision in R. v. Jarvis.

The Commission dismissed the motion, finding that the proceeding was administrative under section 127 of the Securities Act, not quasi-criminal under section 122.

The Commission held that compelled evidence is admissible against a respondent in an administrative proceeding, and that the protections against self-incrimination apply to subsequent criminal or quasi-criminal proceedings, not administrative ones.

The request to seal the evidence and hold an in camera hearing was also denied.

The applicant applied for a decision under the securities legislation of multiple jurisdictions to be deemed to cease to be a reporting issuer.

Following a plan of arrangement and amalgamation, the applicant's outstanding securities were beneficially owned by fewer than 51 security holders worldwide, and its securities were no longer traded on any marketplace.

The Ontario Securities Commission, acting as principal regulator, granted the requested exemptive relief.

Vanguard Investments Canada Inc. applied to the Ontario Securities Commission for exemptive relief on behalf of several proposed exchange-traded funds.

The applicant sought relief from the requirement that the funds' prospectus contain an underwriter's certificate, and from take-over bid requirements in connection with normal course purchases of units on the Toronto Stock Exchange.

The Commission granted the requested exemptions, subject to a condition that purchasers making a take-over bid provide an undertaking not to exercise votes attached to units representing more than 20% of the outstanding units.

The Filer applied for exemptive relief from the conflict of interest reporting requirements under subsection 117(1)(a) of the Securities Act regarding transactions in mortgages between the Fund and related entities.

The Ontario Securities Commission granted the relief, exempting the Filer from monthly reporting obligations, provided that similar disclosure is made in the management reports of fund performance and that specific records of related party portfolio transactions are maintained.

The respondents, George Schwartz and Victor York, brought motions to terminate the hearing on the merits or exclude materials seized during a search of a premises.

The search warrant was obtained to search for materials relating to Brilliante Brasilcan Resources Corp., but investigators also found and seized materials relating to York Rio Resources Inc. The respondents argued the seizure of York Rio materials was beyond the scope of the warrant and obtained on a pretext.

The Commission dismissed the motions, finding that the respondents lacked standing as they failed to establish a reasonable expectation of privacy in the premises or the seized materials.

Furthermore, the Commission found no evidence of a pretext and held that the seizure was lawful under the plain view doctrine.

The Commission concluded it was in the public interest to admit the evidence and continue the hearing.

The filer, a full-service investment firm, applied for exemptive relief from insider reporting requirements under the Securities Act and National Instrument 55-104.

The filer acts as an administrator to certain investment funds and also manages discretionary accounts that may hold securities of those funds.

The Ontario Securities Commission granted the relief, subject to conditions including the maintenance of information barriers and physical separation between the individuals administering the funds and the advisers managing the discretionary accounts.

The applicant, First Asset Investment Management Inc., applied for exemptive relief on behalf of several exchange-traded funds.

The applicant sought relief from the dealer registration requirement for disseminating sales communications, the requirement to include an underwriter's certificate in the prospectus, and the take-over bid requirements for normal course purchases on the TSX.

The Ontario Securities Commission granted the requested relief, subject to conditions including compliance with Part 15 of NI 81-102 for sales communications and an undertaking by unitholders not to exercise votes representing more than 20% of outstanding units.