Litigation Counsel II

Litigation Counsel II

Enforcement Branch

Permanent, Full Time

The Enforcement Branch supports the OSC in delivering fair, vigorous and timely enforcement. The Enforcement Branch investigates and litigates breaches of securities laws in Ontario.

Team members work closely with other securities regulators, self-regulatory organizations, and law-enforcement agencies to enhance initiatives to fight misconduct.

A strong enforcement presence assists in protecting investors from unfair, improper or fraudulent practices and fostering fair and efficient markets.

About Us

The Regulatory Enforcement Action Team within the Enforcement Branch is hiring for an intermediate level Litigation Counsel to support investigations and litigate breaches of Ontario securities law.

Working in a dynamic, fast-paced environment on a multi-disciplinary team, as Litigation Counsel II, you will support investigations by conducting legal research, examining files for potential breaches of Ontario securities law, identifying important legal issues, and assisting in the formulation of a strategy for successful investigations.

You will analyze and evaluate evidence to determine whether violations have occurred and exercise professional judgment in making recommendations for appropriate action.

You will prosecute Securities Act violations before the Commission and Commercial List.

What’s in it for you?

• Gain valuable advocacy experience and mentoring opportunities
• Be an integral part of a leading-edge team leveraging an innovative mix of traditional investigative techniques, data analytics, and open source intelligence analysis to investigate and prosecute complex cases of Securities Act violations
• Work in a collaborative, progressive, and professionally diverse team
• Make a difference and have a meaningful impact on investors and participants in Ontario’s capital markets

Key Duties and Responsibilities :

• Conduct, review, and analyze legal research to support investigations
• Examine files for potential breaches of Ontario securities law by identifying important legal issues
• Draft appropriate allegations, liaise with defense counsel and other stakeholders in your day-to-day duties
• Provide litigation advice and support for investigations into possible breaches of the Securities Act and the Commodity Futures Act, and determine whether violations have occurred
• Recommend appropriate action, if any
• Negotiate settlements, where appropriate
• Advise on policy matters affecting the Commission’s mandate to enforce Ontario securities law
• Prepare and conduct enforcement proceedings before the Ontario Securities Commission and Commercial List
• Provide updates, analysis, strategy, and recommendations to senior colleagues and / or the Manager on issues and ongoing file matters
• Work closely with senior litigation counsel to support or participate in complex hearings / trials

Qualifications :

We are looking for someone who is committed to working to protect investors and foster confidence in our capital markets.

Preferably candidates should have at least 5 years of litigation experience for this role and will require that you are a lawyer in good standing with the Law Society of Ontario.

More particularly, we would prefer to see a candidate with the following qualifications :

• On your feet litigation experience in particular conducting proceedings in securities-related matters, appearing before administrative tribunals, familiarity with the Securities Act, the Statutory Powers Procedure Act, and the Provincial Offences Act.
• In-depth knowledge of criminal law and / or administrative law and / or securities law.
• Working knowledge of the securities and commodities markets would be an asset.
• Previous experience in the conduct of investigations including interviewing, the use of compulsion or search warrants, data analytics, or OSINT.
• Previous experience as lead or sole counsel on hearings or trials in order to be able to conduct a proceeding without supervision.

Offer of employment is conditional upon the successful completion of security checks.

Grow your career and make a difference working at the OSC.

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