John focuses on securities litigation and regulatory matters.
John Fabello is a senior member of the Torys securities litigation and class action practices, and is a primary contact for the firm's securities defence practice. John focuses on all aspects of securities litigation and regulatory matters, as well as general corporate and commercial litigation. John represents clients across Canada before securities and other financial regulators, and the courts. John’s practice includes conducting internal investigations and advising financial services firms regarding the quality and sufficiency of their regulatory compliance programs. John has acted as an instructor for in-house broker and investment banker continuing education programs and was seconded for over a year to one of Canada’s largest broker-dealers to manage major class action litigation and related securities regulatory matters. John is a frequent speaker and lecturer on securities litigation, and has been recognized as a leading lawyer in Canada in the areas of professional liability and securities litigation by Woodward White’s Best Lawyers in Canada, Lexpert and LawDay.
Lexpert/Thomson Reuters’ Canadian Legal Lexpert Directory, 2013—Consistently recommended in securities litigation; repeatedly recommended in directors' and officers' liability litigation
Best Lawyers in Canada, 2009-2013—Leading lawyer in securities law
Legal Media Group's Benchmark Canada, 2012-2013—Leading lawyer in commercial, securities and class actions litigation
Lexpert/Thomson Reuters’ Canadian Legal Lexpert Directory, 2011-2012—Consistently recommended in securities litigation
Real Time News' LawDay, 2009—Leading lawyer in professional liability
Lexpert’s Guide to the U.S./Canada Cross-border Litigation Lawyers in Canada, 2007—One of Canada’s litigation lawyers to watch
John has recently represented
Before joining Torys, John created and led a national broker-dealer litigation practice group at another major Canadian law firm.
He was seconded for over a year to one of Canada’s largest securities broker-dealers to manage major class action litigation and related regulatory matters.
John is the Co-chair of the Securities Litigation Section of The Advocates' Society and a Trustee of the Toronto Lawyers’ Association.
Case Summary: IIROC v. Canaccord Genuity Settlement Agreement Article
December 6, 2013
Panelist in a public hearing called by the Canadian Securities Administrators (comprised of the Canadian securities commissions) and chaired by the Vice Chair of the OSC to address the CSA’s proposal to introduce statutory stock broker best interest (fiduciary) standard
July 23, 2013
The Canadian Institute’s 11th Annual Advanced Forum on Securities Litigation & Enforcement Co-chair, Toronto
May 15-16, 2013
Tribunal Independence Federated Press 2nd Annual Mini LLB for Regulations Seminar
September 19-20, 2011
Litigation & Enforcement: Litigating Broker-Dealer Disputes Osgoode Hall Law School Part-Time LLM
May 19, 2011
Legal Risk Management in Retail Investment: Managing Civil Liability Risk Osgoode Professional Development CLE
November 12, 2009
Managing D&O Exposures in Regulatory Investigations and Proceedings The Canadian Institute's 12th Annual National Forum on Directors' and Officers' Fiduciaries' Liability: Identifying New or Widening Exposures and Implementing Best Practices to Manage Risk
October 21, 2009
Client/Advisor Disputes—Guidance From the Courts & Regulators in Turbulent Times IMCA (Investment Management Consultants Association)
June 1, 2009
Litigation Broker-Dealer Disputes Seasonal lecturer, Osgoode Hall Law School Part-Time LLM (Securities Law) Litigation & Enforcement
May 7, 2009
Taub and Dass: Can the IDA/IIROC Discipline Former Members? The Advocates' Quarterly
Client/Advisor Disputes—A legal Update Investment Management Consultants Association (IMCA) Conference, Toronto
June 5, 2008
Managing the Multijurisdictional Investigation Osgoode Professional Development, Toronto
April 24, 2008
A Representative Plaintiff for All Seasons Butterworth's Class Action Defence Quarterly, vol. 2, no. 3
Excelling at Home and in Global Markets Panelist, InSight Information's 2nd Annual Corporate Counsel Forum, Toronto
February 25-26, 2008
A Representative Plaintiff for All Seasons: Allowing Representative Plaintiffs to Sue Defendants Against Whom They Have no Cause of Action Co-author
January 4, 2008
How Brokers Successfully Manage and Defend Investor Claims Retail Structured Products, Creative Legal and Compliance Strategies to Mitigate Risk, Toronto
April 24, 2007
The Intersection of Criminal, Civil and Regulatory Proceedings Osgoode Professional Development Program Conference, Understanding and Managing Regulatory Investigations, Toronto
April 23, 2007
A New Securities Litigation Battleground? Ontario's New Secondary Market Liability Regime, Insight Information, Toronto
Broker/Dealer Civil Liability: The Latest Developments
Ontario's Secondary Market Civil Liability Regime: Who Other Than Issuers and Their Officers and Directors may be Exposed?
Practical Considerations for Defending of Managing Brokers' Liability Actions
An Overview of Defending Investment Dealer and Broker Liability Actions
2003 and 2004
John has spoken at numerous conferences organized by the Ontario Bar Association, Insight Information, Federated Press and The Canadian Institute on topics including securities litigation and regulation, as well as class action litigation.
January 24, 2012:
In an Investment Executive IE.TV video interview, John Fabello explains what advisors can learn from gatekeeper obligation cases
December 12, 2011:
Proper recordkeeping of client communications is critical, says John Fabello on IE.TV
May 5, 2009:
Both investors and brokers must accept blame for investment losses, says John Fabello in The Globe and Mail
May 7, 2007:
The OSC's efforts in prosecuting cases have resulted in improvements, says John Fabello in Law Times
John has been interviewed on securities and business law topics on Report on Business Television and for various print media.
The Advocates' Society - Vice Chair of the Securities Litigation SectionInvestment Industry Regulatory Organization of Canada (IIROC) Compliance & Legal Section - Executive on the Education Sub-committeeToronto Lawyers Association (TLA) - Trustee