Job Description

Litigation Counsel II
Enforcement Branch
Permanent, Full Time
File #23-32
The Ontario Securities Commission (OSC) is the statutory body responsible for regulating Ontario\xe2\x80\x99s capital markets in accordance with the mandate established in the provincial Securities Act and the Commodity Futures Act. The mandate of the OSC is to provide protection to investors from unfair, improper or fraudulent practices, to foster fair, efficient and competitive capital markets and confidence in the capital markets, to foster capital formation, and to contribute to the stability of the financial system and the reduction of systemic risk. This mandate is performed through policy, operational, adjudication and enforcement work. The OSC also contributes to national and global securities regulation development.
We offer an inclusive, diverse, fair, and flexible work environment and take pride in our challenging and rewarding work.
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. Staff works 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 by 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\xe2\x80\x99s 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\xe2\x80\x99s 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\xe2\x80\x99s 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 staff 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. Candidates must 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.
Apply online by July 10, 2023 11:59 PM EST.
**Internal applicants: please apply using the Taleo profile created with your OSC email address**



We thank all applicants for their interest in the Ontario Securities Commission. We will contact those selected for an interview.
The OSC is committed to diversity and providing an inclusive workplace and providing accommodation in accordance with the Accessibility for Ontarians with Disabilities Act and the Human Rights Code. It is our priority to ensure employment opportunities are visible and barrier-free to all under-represented groups including but not limited to, Indigenous, Black and racialized groups, people with disabilities, women and people from the LGBTQ2S community, to achieve an employee demographic profile reflective of the demographic profile of Ontarians.
The OSC is a proud partner with the following organizations: BlackNorth Initiative, Canadian Centre for Diversity and Inclusion, and Pride at Work Canada.
If you require an accommodation during the recruitment process, please let us know by contacting our confidential inbox HRRecruitment@osc.gov.on.ca.
Visit Accessibility at the OSC to review the OSC\xe2\x80\x99s policies on accessibility and accommodation in the workplace.