Experience For When It Matters Most
About Bruce O'Toole
Bruce is an experienced litigator with a diverse business litigation practice. His practice involves all aspects of commercial and securities litigation, including class actions and regulatory litigation.
Bruce has diverse civil litigation experience in matters involving general corporate and shareholder disputes, directors’ and officers’ duties and responsibilities and indemnities, securities litigation, mining disputes, negligence and contractual disputes, investment loss claims, employment disputes and administrative law.
Bruce has considerable experience in regulatory hearings including investigations and enforcement hearings, and compliance and registrant regulation issues.
Bruce has appeared before various courts in Ontario, including the Commercial Court and the Court of Appeal. He has also represented clients in enforcement and disciplinary proceedings before the Ontario Securities Commission (OSC), the Joint Serious Offences Team (JSOT), the Financial Services Commission of Ontario (FSCO), the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association of Canada (MFDA).
Synopsis of Past Mandates
· Acted for respondents in Ontario Securities Commission regulatory proceedings regarding collapse of large investment firm
· Acted for respondents in Ontario Securities Commission regulatory proceeding regarding insider trading allegations
· Acted for respondents in Ontario Securities Commission regulatory proceeding regarding practices in the RESP industry
· Acted for respondent in Provincial Court, prosecuted by staff of the Ontario Securities Commission, regarding sale of real estate investments in the face of a trading ban
· Acted for respondent in Provincial Court, prosecuted by staff of the Ontario Securities Commission, regarding the alleged purchase of confidential information for the use a leads in the sale of RESPs
· Acted for investors defrauded in a real estate investment scheme
· Defended former corporate directors and officers alleged to have acted negligently and breached fiduciary duties
· Defended distributors of a charitable donation tax shelter involving a securities trading program in a class proceeding
· Defended investment dealer with branches across the country in a securities class proceeding in Nova Scotia involving allegations of fraud and unsuitable investment strategies
· Acted for investment advisors in the appeal of the certification of the first securities class proceeding in Canada where the suitability of investments across an entire client base would be decided on a class-wide basis
· Acted for investment dealer against competitor and former investment advisors for wrongful solicitation of clients
· Acted for senior employee seeking full payment of restricted share units under employee compensation plan
· Acted for employee in wrongful dismissal action against employer