Torys LLP
Toronto416.865.0040 New York212.880.6000 Calgary403.776.3700

Practice Areas and Industry Groups

Broker/Dealer Litigation 

Torys is a most frequently recommended firm in corporate/commercial litigation and securities litigation. (Lexpert)

Our Broker/Dealer Litigation Practice Group has extensive experience providing advice and representation to investment dealers, securities advisers, individual registrants, exchanges and other market participants on securities industry-related issues and claims (including class actions) in civil litigation, arbitration, mediation, internal dealer reviews and investigations, ongoing regulatory compliance and supervisory matters.

Our clients include retail and institutional stockbrokers, mutual fund dealers, directors and officers, and others in regulatory investigations and enforcement proceedings before stock exchanges, self-regulatory organizations and provincial securities commissions.

Our group's core knowledge and experience is complemented by the expertise of our leading securities law practice, which represents clients in all aspects of securities matters, and our firm's highly regarded senior litigation counsel, who have extensive trial and appellate experience, particularly in securities and corporate matters.

Our experience includes advising on

  • registration proceedings at the self-regulating organization or provincial securities commission level
  • civil proceedings brought by clients for losses sustained in their retail brokerage accounts based on allegations such as discretionary trading and/or unsuitable trading, negligence, breach of contract and alleged breaches of fiduciary duties and duties of care
  • arbitrations through the Investment Industry Regulatory Organization of Canada Arbitration Program and the Financial Industry Regulatory Authority (formerly NASD and NYSE dispute resolution)
  • recruitment issues and litigation regarding solicitation by, or of, sales representatives and regarding alleged misuse of confidential information
  • regulatory investigations and enforcement proceedings by self-regulatory organizations such as the Investment Industry Regulatory Organization of Canada and the Ontario Securities Commission concerning issues such as insider trading
  • class actions on issues such as foreign currency conversion charges, Canadian-controlled private corporation swaps into registered savings plans, (conspiracy to commit) fraud on the market and negligent misrepresentation issues

Publications

Comment on a National Securities Regulator
Article | Joel Wiesenfeld
FAIR: Canadian Foundation for Advancement of Investor Rights, February 2011

Ontario Court Decision Creates Conflict Regarding Class Actions for Common Law Misrepresentation Claims
Litigation and Dispute Resolution Bulletin
March 22, 2010

Doing Business and Raising Capital in Canada
Business Law Guide
August 2009


Primary Contacts

Toronto

Joel Wiesenfeld, Partner
416.865.8160

New York

David Wawro, Partner
212.880.6288 
News and Recognitions
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