Panel 3. Jurisdictional Issues Involving Foreign Investors, Foreign Exchanges and Foreign Public Companies

In light of Kaynes v BP, PLC, 2014 ONCA 580, this panel critically analyzes the circumstances under which Canadian courts are willing to take jurisdiction over securities class actions in which Canadian investors have invested through foreign exchanges and the implications for Canadian investors. In addition, it critically analyzes the Canadian courts’ approach to certifying global classes with foreign investors and explore the implications for recovery for investors through a global class action as compared to multiple domestic proceedings. This panel compares and contrasts American courts’ approaches to assuming jurisdiction in such instances, and closes by exploring the public policy implications of broader and narrower approaches to jurisdiction