Emily Cole

Emily Cole | Canada

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Emily is a commercial litigator who specializes in securities litigation and white-collar defence. She has prosecuted and defended individuals charged with white-collar crimes. Her extensive experience in lengthy, complex, global investigations and prosecutions includes the 160-day insider trading and misleading corporate disclosure prosecution against the former Vice-President of Exploration for Bre-X Minerals Ltd. arising from its collapse. Bre-X was a Canadian publicly listed mining company which reported that it had the world’s largest gold deposit in Indonesia. It was later discovered that its gold samples were tampered with and it was a massive fraud.

Emily was also lead counsel to the former Chairman and Chief Executive Officer of Sino-Forest Corporation. Sino-Forest was a Canadian publicly listed company with forestry operations in mainland China. A short seller report alleging fraud caused Sino-Forest to lose most of its $6 billion market value in two days. Emily and her team defended the former CEO in multiple proceedings which arose out of the collapse including the 188-day securities fraud prosecution, several class actions, insolvency proceedings under the Canadian Companies Creditors Arrangement Act, a civil action and a worldwide Mareva injunction.

Emily is a recognized expert in director and officer liability. She lectures on D &O liability in the Director Education Program at the Rotman School of Business at the University of Toronto. Emily is a regular speaker on securities law and has taught trial advocacy to law students and practicing lawyers for nearly twenty years.

Emily is active in the legal community and is committed to strengthening the administration of justice. She is a former member of the Board of Directors of the Advocates’ Society, a not for profit association of over 5500 lawyers across Canada. The Advocates’ Society’s mandate includes intervening in court cases and making submissions to governments about access to justice, the administration of justice and the practice of law of advocates. She is also a former member of the Ontario Securities Commission Securities Proceedings Advisory Committee which provides advice to the Secretary of the OSC about its tribunal’s policies and procedures.

In 2017, she was appointed by the Federal Minister of Justice to serve on the Federal Judicial Advisory Committee. The JAC is the seven-person committee responsible for vetting all judicial applications made in the Greater Toronto Area for appointment to the Federal Court, the Federal Court of Appeal, the Superior Court of Justice and the Court of Appeal for Ontario. The JAC’s mandate is to recommend qualified candidates and to help build a diverse bench.