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Record W2279015461

Rethinking Enforcement and Litigation in Ontario Securities Regulation

2006· article· en· W2279015461 on OpenAlexaffabout
Mary Condon

Bibliographic record

VenueSSRN Electronic Journal · 2006
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicCorporate Governance and Law
Canadian institutionsYork University
Fundersnot available
KeywordsEnforcementCommissionMisrepresentationStatutory lawBusinessGovernment (linguistics)Security marketLaw enforcementLaw and economicsLawEconomicsPolitical scienceFinance
DOInot available

Abstract

fetched live from OpenAlex

The Ontario government has recently made changes to provincial securities law that are aimed at more effective enforcement. For example, statutory civil remedies are now available to investors in actions involving misrepresentation or inadequate disclosure in the secondary market. A broader range of sanctioning options has also been made available to the Ontario Securities Commission. The author explores the factors contributing to these developments, identifies recent controversies surrounding the Commission's enforcement activities, and evaluates the effectiveness of different approaches to enforcement. The author reviews policy issues surrounding enforcement through public, criminal and quasi-criminal sanctions, as well as civil remedies, and places these issues in the context of academic legal debate. She considers administrative law principles in the context of issues in securities enforcement, such as apprehension of bias, “judicialization" of Commission hearings, and the diversity of enforcement efforts across Canada. She then considers whether regulations should be oriented to deterring violations or creating incentives for compliance. She notes that current incentives to comply with securities regulations may have little influence on employee and firm behaviour in a competitive business environment. Enforcement mechanisms aimed at deterrence may therefore be less effective than those seeking to encourage compliance with regulations. Since the provisions recently added to the Ontario Securities Act are aimed at deterrence rather than compensation, she then discusses whether private enforcement mechanisms, such as the statutory civil remedies available under that Act, are preferable to public enforcement mechanisms. The author concludes that public and private mechanisms may be interdependent and could together achieve effective securities regulation.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.666
Threshold uncertainty score0.901

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.008
GPT teacher head0.175
Teacher spread0.166 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2006
Admission routes2
Has abstractyes

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