Our Securities Litigation and Enforcement Practice Leader, Joven Narwal, and his Team, act for individuals and entities facing three types of legal proceedings – enforcement action by the Securities Commissions across Canada as well as IIROC and the MFDA, civil actions by aggrieved investors, and criminal prosecutions – from the investigation stage through to hearings, trials and appeals.
Our recent successes include our widely reported and precedent-setting successful appeal of a multi-million dollar disgorgement order made by BC Securities Commission which changed the law in British Columbia as well as the successful defence of the CEO of a public traded company from allegations of market manipulation and the successful resolution of civil actions arising from an international Ponzi scheme.
We understand the challenges posed by overlapping regulatory, criminal, administrative and civil proceedings as well as the application of the Charter of Rights and Freedoms to the various stages thereby achieving exceptional results for clients facing parallel investigations by domestic and international regulator and criminal investigators, along side civil suits. Given the complexity of these matters, it is imperative to obtain legal advice and representation as early as possible in order to devise a defence strategy to carefully navigate through the parallel and often overlapping proceedings. We are responsive, accessible, and committed to our clients 24/7 and can be reached outside of regular business hours to address urgent matters such as demands for production, search warrants and other investigative techniques as they happen in real-time.
If you have been sued, it is important to obtain legal advice representation as soon as possible for the purpose of preparing a Response to Civil Claim.
If you have been summoned to attend an interview with staff of the British Columbia Securities Commission, it is imperative that you seek out legal advice immediately as you are entitled to have a lawyer attend the interview with you. The Securities Act provides that you must not disclose any information to anyone other than your lawyer, and so your only option is to retain counsel as soon as possible in order to prepare for the interview.
If the British Columbia Securities Commission decides to pursue the case against you, the matter is no longer confidential and you will be served with a Notice of Hearing which contains your name and those of any co-accused, the conduct that they allege has contravened the Securities Act, the penalties the Commission staff are seeking, and the time, date and place of the hearing. The Commission staff will also issue a press release with the details of the allegations.
If the allegations are serious and the conduct is deemed an immediate and ongoing threat to the capital markets, the Commission staff can, without a hearing, make a temporary order restricting your conduct in the securities market for a maximum of 15 days. It is likely that they will thereafter seek an extension of the temporary order on the date specified in the Notice of Hearing.
Even after the Notice of Hearing has been issued, the Commission will continue investigating and will amend the Notice of Hearing to include any new allegations. If temporary orders have been made or extensions are sought, you should obtain legal advice and representation to remove or oppose any such orders.
If you have been contacted by the Commercial and Financial Crime Section of a municipal police force, the Integrated Market Enforcement Team of the RCMP, or any other investigative agency, you should obtain legal advice immediately.
Our Team is available around the clock to represent clients through all stages of an investigation, hearing or prosecution. To learn more about Joven Narwal, please visit his Profile, or contact our office to speak with him directly or schedule an appointment.