One issue that came up in the first two contested specified penalty hearings before the AUC was whether a due diligence defence was available. (thelitigator.ca)
Similarly, in Re YBM Magnex International Inc., the OSC accepted a due diligence defence in respect of certain of the directors of a company charged with material non-disclosure in a prospectus. (thelitigator.ca)
In Papa's Holdings Ltd. v. Northwest Territories (Liquor Licensing Board), the Northwest Territories Court of Appeal applied the due diligence defence to a regulatory offence under liquor legislation. (thelitigator.ca)