On December 2, 2016, the Superior Court of Justice (Divisional Court) upheld the Ontario Securities Commission’s Reasons for Decision on the Merits, dated March 24, 2015, and the OSC’s Reasons for Decision on Sanctions and Costs, dated August 24, 2015, in respect of Mitchell Finkelstein, Paul Azeff, Korin Bobrow and Howard Jeffrey Miller.

The Court dismissed the appeals to set aside the panel’s findings of insider trading and tipping, and the sanctions ordered, on the grounds that the conclusions reached by the panel were reasonable.

“This is a very important decision and the first in Canada to uphold the Commission’s approach where there are multiple offenders in a chain of insider trading and tipping,” says Jeff Kehoe, OSC director of enforcement. “It affirms our decision to prosecute cases that are complex and notoriously hard to detect.”

The Court allowed the appeal of Man Kin (“Francis”) Cheng.

A copy of the Divisional Court decision is available on the Canadian Legal Information Institute website.