Eric S. Block

The plaintiffs sought leave under s. 138.8 of the Securities Act and certification under the Class Proceedings Act to bring an action against Manulife Financial Corporation and its former executives.

The plaintiffs alleged that the defendants misrepresented the adequacy of Manulife's risk management practices and failed to disclose its massive unhedged exposure to equity market risk prior to the 2008 financial crisis.

The court granted leave, finding a reasonable possibility of success at trial, and certified the action as a class proceeding, certifying seven common issues.

The plaintiffs in a proposed class action for secondary market misrepresentation sought leave to appeal a decision quashing their summonses to two Manulife employees and refusing to compel the defendants to file affidavits on the upcoming leave motion under s. 138.8 of the Securities Act.

The Divisional Court dismissed the application for leave to appeal, finding no reason to doubt the correctness of the motion judge's decision, which followed established jurisprudence that defendants are not required to deliver affidavits or be subjected to cross-examination if they do not intend to lead evidence on the leave motion.

The Member, an occasional teacher, was convicted of luring a child under the age of eighteen for the purposes of sexual assault and procuring, contrary to the Criminal Code.

He was sentenced to a 12-month conditional sentence, two years of probation, and a five-year prohibition order.

The Discipline Committee found the Member guilty of professional misconduct based on the criminal convictions.

The Committee ordered the immediate revocation of the Member's Certificate of Qualification and Registration and directed publication of the decision with the Member's name.

The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct against the member.

The parties agreed that a finding of professional misconduct was unlikely if the matter proceeded to a hearing.

The Discipline Committee granted the motion, allowing the withdrawal of the Notice of Hearing in exchange for the member's undertaking to immediately resign his membership, surrender his certificate, and never teach again or seek reinstatement.

The Committee found this resolution reasonable and in the public interest.

The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct against the member.

College counsel determined there was insufficient evidence to support the allegations and no reasonable prospect of obtaining a finding of professional misconduct.

The member's counsel consented to the motion.

The Discipline Committee granted the motion, finding the withdrawal reasonable, appropriate, and in the public interest.

The appellant commenced an application for oppression relief under the Canada Business Corporations Act, supported by an affidavit from an individual who lacked direct knowledge and was unavailable for cross-examination.

When the appellant attempted to substitute the affidavit after the respondents had filed their responding materials, the motions judge struck the application as an abuse of process, with leave to re-introduce it upon payment of costs thrown away.

The Court of Appeal dismissed the appeal, finding the motions judge was entitled to infer prejudice and properly exercised his discretion.

The appellant's action was dismissed by the motion judge for failure to post security for costs in accordance with a Master's order.

The appellant appealed the dismissal.

The Court of Appeal dismissed the appeal, noting that the appellant had not appealed the Master's order, had not complied with it, and had adduced no evidence of his alleged impecuniosity.

The Ontario College of Teachers brought discipline proceedings against a teacher who engaged in extensive off-duty public activities promoting racist, anti-Semitic, and white supremacist views.

The member argued his activities were legal and occurred outside the classroom.

Applying the Supreme Court's decision in Ross, the Discipline Committee found that the member's public persona and activities poisoned the school environment, caused significant disruption, and undermined public confidence in the education system.

The Committee found the member guilty of professional misconduct and ordered the revocation of his teaching certificate.

Xstrata applied to the Ontario Securities Commission for an order to cease trade Falconbridge's shareholder rights plan, which was preventing Xstrata from advancing its unsolicited take-over bid.

Falconbridge cross-applied for an order prohibiting Xstrata from making market purchases of up to 5% of Falconbridge shares under the exemption in section 94(3) of the Securities Act.

The Commission applied the Royal Host factors and determined that it was in the public interest to allow the rights plan to continue for a brief period to allow the auction process to continue, given the competing bid from Inco.

The Commission also suspended Xstrata's ability to make market purchases under section 94(3), finding that such purchases, combined with Xstrata's ability to waive its minimum tender condition, could prematurely end the auction and deprive shareholders of the opportunity to tender to the bid of their choice.

Both the rights plan and the suspension of the 5% exemption were ordered to remain in place until July 28, 2006, or until Xstrata took up sufficient shares to meet its majority of the minority condition.

Counsel for the Ontario College of Teachers brought a motion seeking leave to withdraw the allegations of professional misconduct against the member set out in the Notice of Hearing.

The member consented to the withdrawal.

Pursuant to section 4.1 of the Statutory Powers Procedure Act, the Discipline Committee granted the motion, finding that the withdrawal of the allegations was reasonable and served the public interest.

The Member, a teacher, faced allegations of professional misconduct for falsifying his teacher evaluation and using it to obtain new employment as a principal.

The Member pleaded no contest and agreed to a statement of facts.

The Discipline Committee found the Member guilty of professional misconduct, noting that such actions bring the integrity of the profession into disrepute.

Accepting a joint submission on penalty, the Committee ordered a three-month suspension of the Member's certificate of qualification and registration, along with publication of the decision.

The Ontario College of Teachers brought a motion seeking leave to withdraw the allegations of professional misconduct and incompetence against the member.

The member consented to the motion.

Pursuant to section 4.1 of the Statutory Powers Procedure Act, the Discipline Committee granted the motion without a hearing, finding that the withdrawal of the allegations was reasonable and served the public interest.

The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct and incompetence against the member.

The member consented to the withdrawal on the condition that he immediately resign his membership, surrender his certificate, and undertake never to teach again or seek reinstatement.

The Discipline Committee granted the motion, finding that the member's resignation and the cancellation of his certificate protected the public interest.

The Ontario College of Teachers brought disciplinary proceedings against a member for engaging in inappropriate conversations and contacts with two adult female students.

The member did not attend the hearing but submitted a plea of no contest and an Agreed Statement of Facts.

The Discipline Committee found the member guilty of professional misconduct for failing to maintain professional boundaries.

Accepting a joint submission on penalty, the Committee permitted the member to resign, cancelled his certificate of qualification, and imposed conditions on any future application for reinstatement.

The Committee also ordered the publication of the member's full name in the College's official publication.

The Ontario College of Teachers brought a motion to withdraw allegations of professional misconduct against the Member.

The parties consented to the withdrawal on the condition that the Member resign his membership, surrender his certificate, and undertake never to teach again in any public or private school.

The Discipline Committee granted the motion, finding that the resignation and cancellation of the certificate in these circumstances served to protect the public interest.

The College and the Member brought a joint motion seeking leave to withdraw allegations of professional misconduct and incompetence against the Member.

The motion was based on the Member's undertaking to notify the Registrar of any future teaching employment and to provide his employer with consent to notify the Registrar of any allegations of inappropriate interactions with a student.

The Discipline Committee granted the motion pursuant to section 4.1 of the Statutory Powers Procedure Act, finding that the undertaking served to protect the public interest.

The Ontario College of Teachers and the member brought a consent motion seeking leave to withdraw allegations of professional misconduct and incompetence.

The member agreed to resign his membership, surrender his certificate, and undertake never to teach again in any school.

The Discipline Committee granted the motion, finding that the member's resignation and the cancellation of his certificate protected the public interest.

The member, a teacher, faced allegations of professional misconduct for inappropriately touching students by patting their buttocks.

The member pled no contest to the facts, acknowledging the touching was intended as encouragement but failed to respect physical boundaries and caused discomfort.

The Discipline Committee accepted a joint submission, finding the member guilty of professional misconduct.

The Committee ordered terms and conditions on the member's certificate, including the completion of a course on appropriate boundaries for physical contact with primary-aged children.

The Ontario College of Teachers brought a motion to withdraw allegations of professional misconduct against the member.

The member had resigned his membership and his certificate of qualification was cancelled.

The member consented to the withdrawal and acknowledged that the Public Register would reflect his resignation while disciplinary proceedings were in progress.

The Discipline Committee granted the motion, finding that the resignation and cancellation of the certificate protected the public interest.

The Ontario College of Teachers brought a motion seeking leave to withdraw allegations of professional misconduct against the member.

The member consented to the withdrawal and provided an undertaking to resign his membership, surrender his certificate, never teach again in any school, and never seek reinstatement.

The Discipline Committee granted the motion, finding that the member's resignation and the cancellation of his certificate protected the public interest.