Jonathan Feasby

The appellants, Daniel Tiffin and Tiffin Financial Corporation (TFC), appealed convictions for provincial offences under the Securities Act, including trading in securities without registration, distributing securities without a prospectus, and trading while prohibited.

The central issue was whether promissory notes issued by Tiffin to clients, while he was subject to a cease trade order, constituted "securities" under the Act.

The trial judge had acquitted the appellants by applying the American "family resemblance test" to conclude the notes were not securities.

The Superior Court of Justice, on appeal, reversed this decision, declining to import the American test and finding the notes were indeed securities, thus substituting convictions.

The Court of Appeal upheld the convictions, agreeing that the "family resemblance test" should not be imported into Ontario securities law due to the distinct "catch and exclude" statutory scheme in Ontario.

However, the Court of Appeal allowed the sentence appeal, finding the six-month custodial term demonstrably unfit given mitigating factors such as the appellants' honesty in revealing their financial situation, their remorse, repayment efforts, and client support.

The probation and restitution orders were upheld.

Accused charged with trading in securities without registration, issuing securities without filing prospectus, and representing that securities would be listed on exchange with intention of effecting trade.

Accused developed website for company (Asia Global/Asia Power) which stated company would be listed on exchange in future.

Website made clear company was not currently listed and no shares available for purchase.

Unregistered sales representatives defrauded private investors by selling non-existent shares.

Evidence did not establish connection between accused and sales representatives or investors, or that website was created to induce share purchases.

Creation of website not constituting act in furtherance of trade.

Accused not trading in or issuing security and not making representation with intention of effecting trade.

All charges dismissed.

The defendants were charged with three breaches of the Securities Act: trading in securities without registration, trading without filing a prospectus, and trading while prohibited by a cease trade order.

The sole issue was whether fourteen promissory notes totaling $700,000 issued to investment clients constituted securities under the Act.

The defendants admitted the factual elements but argued the notes were private loan agreements exempt from securities regulation.

The court applied the "Family Resemblance Test" from Reves v. Ernst & Young and found the notes were not securities, as they resembled notes secured by a lien on a small business's assets—a recognized category of non-security notes.

The charges were dismissed.

Staff of the Ontario Securities Commission alleged that the respondents engaged in unregistered trading, illegal distribution of securities, and securities fraud through three interconnected schemes involving BFM Industries Inc., Liquid Gold International Corp., and Nanotech Industries Inc. The Commission found that Sandy Winick orchestrated the schemes, using a fictitious investment bank to sell shares in inactive companies to foreign investors, and misappropriated the funds for personal use.

Winick and Gregory J. Curry were found to have contravened the Securities Act, including provisions against unregistered trading, illegal distribution, and fraud, and were deemed liable as directors/officers.

Following a merits decision finding that the respondents engaged in unregistered trading, illegal distribution of securities, and fraud, the Ontario Securities Commission held a hearing to determine sanctions and costs.

The Commission ordered permanent market prohibitions against the corporate respondent and the individual respondent, Schiavone.

Schiavone was also ordered to pay a $300,000 administrative penalty, disgorge $43,300 individually, and be jointly and severally liable with the corporate respondent to disgorge $295,700.

The respondents were ordered to pay $39,666.62 in costs.

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 appellant, a public school teacher, was convicted of sexual assault, sexual exploitation, sexual assault with a weapon, and uttering death threats against a former student.

He appealed his convictions, alleging errors in the jury instructions regarding reasonable doubt, the Vetrovec warning, and his failure to testify, as well as the admission of the complainant's videotaped statement.

The appellant also sought to introduce fresh evidence and argued he received ineffective assistance of counsel because his trial lawyer allegedly prevented him from testifying.

The Crown appealed the four-year sentence as manifestly unfit.

The Court of Appeal dismissed all appeals, finding no reversible errors in the trial judge's instructions, rejecting the fresh evidence and ineffective assistance claims, and deferring to the trial judge's sentence.