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Abstract:An Ontario court files a class action against Binance for selling unregistered crypto derivatives to investors.
The Superior Court of Justice in Ontario has filed a substantial class action case against Binance, the global cryptocurrency exchange. The legal case targets charges that Binance sold bitcoin derivative products to ordinary investors without the required registrations, violating securities regulations.
Binance has faced regulatory challenges in Canada before. Over the last several years, the exchange has faced ongoing regulatory issues in many provinces, regularly clashing with local financial regulators. The present case is a continuation of previous conflicts, including wider problems with compliance and regulatory adherence in the quickly growing cryptocurrency business.
According to the court records, the plaintiffs are seeking both damages and the annulment of Binance transactions. The essence of their claim is that these transactions were illegal because Binance did not comply with Canadian securities regulations regarding registration and prospectus filing. “The sales were illegal and void due to the absence of the appropriate registrations,” according to court documents.
During class certification, the court agreed with the plaintiffs that bitcoin contracts should be considered securities or derivatives. Binance's marketing operations were said to be largely concerned with the circulation of these financial assets. “The plaintiffs have sufficiently demonstrated that the questions related to liability are common throughout the class,” concluded the judgment, thus establishing the complaints' collective character.
Binance has previously said that its activities in Ontario will terminate, particularly following an investigation by the Ontario Securities Commission (OSC) in mid-2021. The corporation began shutting down operations in early 2022, but later reversed course, saying that its status as a licensed money services business allowed it to continue operating in the province. Tighter regulatory oversight and enforcement of securities laws prompted this decision.
The Ontario court considered Binance's claim that it just facilitated transactions among investors and was not a direct participant, which complicated the matter even more. The court strongly rejected this contention, explaining, “The only contracts that are on record are those between class members and Binance itself,” clearly comparing Binance's position to that of a retailer dealing directly with consumers rather than just connecting independent parties.
The court's new judgment paves the way for a full evaluation of damages, interest, and legal fees that might affect all investors who have purchased bitcoin futures from Binance since September 13, 2019. This class action highlights a watershed moment in Canadian cryptocurrency legislation, as it seeks to link the emerging digital asset market with existing financial rules and investor safeguards.
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