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Kelley McKinnon is a partner and head of the securities litigation practice at Gowlings' Toronto office.
Formerly the deputy director of enforcement and chief litigation counsel at the Ontario Securities Commission, Kelley litigated some of the most complex securities cases in recent years, including the Sears takeover bid hearing and appeals, the OSC intervention on Danier Leather at the Supreme Court of Canada, and the Portus receivership application. In her senior management role, Kelley provided strategic direction for enforcement prosecutions, civil litigation affecting the Commission (including class actions) and compliance and registration disputes. She also advised on risk management, training and policy development. Kelley was a member of the Canadian Securities Administrators Enforcement Committee and has lectured extensively at the North American Securities Administrators Association. At the Commission for almost six years, Kelley brings an unprecedented depth of knowledge and insight into securities litigation, regulatory compliance and ways to effectively deal with multiple regulators in Canada and abroad.
Kelley has appeared before all levels of court in Ontario and before the Supreme Court of Canada, in addition to many regulatory tribunals, including the Ontario Securities Commission, the Ontario Energy Board, the Law Society of Upper Canada and various health colleges, including the College of Physicians and Surgeons.
In addition to her securities expertise, Kelley was a partner at another major law firm and vice chair of the litigation department, practising litigation for 13 years. She conducted complex commercial litigation, including contested banking litigation and civil fraud, international disputes under mutual legal assistance legislation, numerous regulatory hearings, and the defence of both criminal and quasi-criminal cases. She advised on defence strategy for competition, environmental and occupational health and safety proceedings. In addition, she co-chaired the Health Law Group and conducted various professional discipline hearings, including acting as independent counsel for a major regulatory college. She had a further specialty in privacy disputes, handling complex FOI requests and multiple proceedings before the Information and Privacy Commissioner. During her articling year, Kelley clerked to the Justices of the Court of Appeal for Ontario.
Kelley recently appeared on BNN's The Close to discuss Canada's first criminal code conviction for insider trading. Click here to watch the interview. In November, Kelley discussed the Inquiry into Financial Services in Australia, global regulation, and its potential impact on advisors in Canada with Investment Executive. Click here to watch the interview. On October 14, Kelley appeared on BNN's SqueezePlay to discuss American fraud squads. Click here to watch the interview. On September 14, Kelley appeared on BNN to discuss an alleged Ponzi Scheme in Alberta. Click here to watch the interview. On August 11, Kelley appeared on BNN to discuss the SEC and changes to enforcement. Click here to watch the interview (begins at the 3:55 mark). On August 5, Kelley discussed the Drabinsky fraud sentences on BNN's Headlines (click here to watch part one of the interview, here for part two and here for part three), and on March 27, 2009, she discussed Ponzi schemes, securities regulations and investor protection on BNN's Market Morning. Click
here to view the interview.
Kelley is a sought after teacher and lecturer. She has taught Trial Practice Skills since 1994 to law students at Osgoode Law School and Queen's, and was a team leader at the Intensive Trial Advocacy Workshop for lawyers for many years. Since 2004, she has taught North American investigators and securities lawyers in trial skills and strategy, including the use of expert evidence and electronic evidence. In 2009, she will instruct on corporate governance at Queen's.
Kelley has made numerous presentations on the conduct of investigations, the strategic challenges of multiple investigations or proceedings across borders, managing regulatory proceedings for best results, and business strategies for risk and governance practices. Sample presentations include:
- Hollinger Unbuttoned, International Bar Association Annual Meeting, Prague, Czech Republic, September 2005
- Litigation is a Dangerous Business: The Enron Convictions and their Implications in Canada, Canadian Institute Advanced Forum on Securities Litigation, Toronto, Ontario, November 2006
- Sears Canada Impact and Implications, Osgoode Hall Law School, Canadian Securities Law Update 2007, Toronto, Ontario, January 2007
- Class Action Forum - Pre-Emptive Business and Legal Strategies, Conference Board of Canada, October 2007
- Litigation without Borders: The Perils of Multi-Jurisdictional Securities Investigations and Proceedings, The Advocates' Society Annual Fall Convention, November 2007
- Innovative Remedies in Securities Firm Insolvencies: Portus Alternative Asset Management, 5th Annual Review of Insolvency Law Conference, Vancouver, British Columbia, February 2008
- After the Crash: The Future of Securities Regulation, Financial Executives International (Ottawa, Calgary, Vancouver, Toronto, Montreal), February 2009
- Extraterritorial Jurisdiction/Venue Over Companies and Individuals, American Bar Association National Institute on Securities Fraud Conference in Washington, D.C., October 2009
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