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Garth Foster Toronto Lawyer

Garth J. Foster

Partner Fasken
Plans to implement enhanced regulation of the fixed income market will improve market integrity.
Jurisdiction Ontario, 1992
Language(s) English
Office(s) Toronto
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Overview

Garth Foster’s practice is focused on investment funds, registration and regulatory compliance. He also works with both public and private investment funds, including exchange traded funds.

Frequently advises clients on the creation of new funds and associated matters. Garth has also been involved in drafting fund documents, advisory agreements and distribution materials. He has drafted numerous applications for exemptive relief, and has been involved in various mutual fund and regulatory acquisitions.

Garth also provides ongoing compliance and registration advice to advisors, dealers and investment fund managers, including mock audits.

A frequent commentator on policy initiatives in the investment funds, registration and regulatory compliance law areas, Garth’s practice has been recognized by the Canadian Legal Lexpert Directory and Best Lawyers.

Achievements

  • Recognized in the Canadian Legal Lexpert Directory as Repeatedly Recommended in Investment Funds & Asset Management, Lexpert 2022 to 2026
  • Recognized nationwide in Investment Funds: Fund Formation, Chambers Canada 2020 to 2026
  • Recognized in Mutual Funds Law in Toronto, The Best Lawyers in Canada 2010 to 2026
  • Recognized in Private Funds Law in Toronto, The Best Lawyers in Canada 2010 to 2026
  • Recognized as a Thomson Reuters Stand-out Lawyer , Thomson Reuters stand-out lawyers 2026
  • Recognized as Recommended in Private Funds, Lexology Index 2021 to 2025
  • Recognized nationwide in Investment Funds, Chambers Canada 2018 to 2023
  • Recognized as a Thomson Reuters Stand-out Lawyer (formerly known as Acritas Star™ lawyer), Thomson Reuters stand-out lawyers 2016 to 2022
  • Recognized nationwide for Private Equity: Fund Formation, Chambers Canada 2020
  • Recognized in the Canadian Legal Lexpert Directory in Investment Funds & Asset Management, Lexpert 2012 to 2020
Chambers & Partners Publication name with laurels Chambers Canada Recognized nationwide for Private Equity: Fund Formation Chambers Canada covers lawyers and law firms practicing in all provinces and territories in Canada.

Experience

  • HEALWELL AI Inc. completes acquisition of Intrahealth Systems Limited, [Deal - HEALWELL AI Inc.], HEALWELL AI Inc. completes acquisition of Intrahealth Systems Limited.
  • Harbourfront Wealth Management completes C$426 million sale to Audax Private Equity, [Deal - Harbourfront Wealth Holdings Inc.], Largest strategic transaction in the Canadian independent wealth management sector in 2022.
  • McEwen Mining closes flow-through financing, [Deal - Cantor Fitzgerald Canada Corporation], McEwen Mining Inc. closes marketed brokered private placement offering of 14,500,000 flow-through common shares for total gross proceeds of C$19,212,500.00.
  • CGX Energy Inc. announces closing of C$73.6 million rights offering, [Deal - CGX Energy Inc.], CGX Energy Inc. announces closing of C$73.6 million rights offering
  • MCI Onehealth Technologies Inc. has completed a series of share purchase agreements to acquire a series of medical facilities providing integrated health services, [Deal - MCI Onehealth Technologies Inc.], MCI Onehealth Technologies Inc., through its subsidiary, MCI Polyclinic Group Inc. acquired from: (1) Health Network Efficiencies Inc., all of the issued and outstanding shares of The Quit Clinic Inc.; (2) Executive Medical Concierge Canada Ltd., all of the issued and outstanding shares of Executive Medical Concierge (2021) Ltd.; and (3) LMS Holdings Inc., all of the issued and outstanding shares of Canadian Phase Onward Inc. and North York Pulmonary Function Center Inc.
  • MCI Onehealth Technologies Inc. acquires Khure Health Inc., [Deal - MCI Onehealth Technologies Inc.], MCI Onehealth Technologies Inc., a clinical-led healthcare technology company focused on increasing access to and quality of healthcare, acquires Khure Health Inc.
  • MCI Onehealth Technologies Inc. Completes Initial Public Offering and TSX Listing, [Deal - MCI Onehealth Technologies Inc.], On January 6, 2021, MCI Onehealth Technologies Inc. (“MCI Onehealth”), closed its initial public offering (the "Offering") of 6,000,000 Class A Subordinate Voting Shares (the "Offered Shares") of MCI Onehealth at a price of $5.00 per Offered Share for aggregate gross proceeds of $30,000,000.  The...
  • McEwen Mining Closes Bought Deal Flow-Through Financing, [Deal - Cantor Fitzgerald Canada Corporation], On September 10, 2020 McEwen Mining Inc. (NYSE: MUX) (TSX: MUX) announced the closing of a bought deal private placement in the upsized amount of 6,298,166 flow-through common shares at a price of US$1.65 (Cdn$2.18) per flow-through common share for total gross proceeds of US$10.4 million (Cdn$13...
  • CGX Energy announces Equity Rights Offering, [Deal - CGX Energy Inc.], CGX Energy Inc. announced the offering of rights to holders of common shares on the basis of one Right for each common share held. Each Right entitles the holder to subscribe for one common share at a subscription price of C$0.25. for aggregate gross proceeds to CGX in the amount of approximately...

Career & Education

Education

  • LLB University of Toronto
  • B Comm Queen's University

Community involvement

  • Active member of Toronto Kiwanis Boys and Girls Clubs

Memberships & Affiliations

  • Member, Policy Committee, Canadian ETF Association
  • Member, Working Group Committee, CSA Consultation on the Self-Regulatory Organization Framework, Canadian ETF Association
  • Member, Industry, Regulation & Tax Committee of Portfolio Management Association of Canada
  • Member, Working Group Committee, Client Focused Reforms, Portfolio Management Association of Canada 
  • Member, Canadian Bar Association
  • Member, International Bar Association

Knowledge

  • CSA’s Chargeback Ban Proposal: A Quick Reminder Before Comments Close, 8/28/2025
  • Client Relationship Managers, 6/18/2020
  • Final Amendments to National Instrument 31-103 Implementing the First Phase of Client Focused Reforms, 10/21/2019

Events

News

  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018
  • The 2018 Canadian Legal Lexpert Directory recognizes 200 Fasken lawyers, 4/12/2018
  • Twenty Fasken lawyers recognized in the 2018 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, 1/26/2018
  • Fasken Martineau Wins Mining Law Firm of the Year in the 2018 edition of Best Lawyers in Canada Guide, 8/22/2017
  • Who’s Who Legal: Canada 2016: 68 Fasken Martineau lawyers ranked, 11/4/2016
  • Solid results from The Best Lawyers in Canada 2017 as Fasken Martineau increases its “Lawyers of the Year”, 8/10/2016
  • The Best Lawyers in Canada 2016: 163 Fasken Martineau lawyers named, 9/1/2015
  • 2015 Lexpert directory recommends 158 Fasken Martineau Lawyers, 6/25/2015
  • Investment Executive quotes Garth Foster in an article on the difference between Fund Facts and CRM2, 10/15/2014
  • Strongest results ever from Best Lawyers: Fasken Martineau improves ranking in 2015 edition, 9/4/2014

Publications

  • Chambers Investment Funds 2019: Canada, 12/31/2019
  • Alberta Securities Commission to Introduce Participation Fee Model for Reporting Issuers, 10/4/2016
  • Relief from certain Client Relationship Model Phase 2 (CRM2) Amendments, 5/28/2015
  • NI 31-103 Amendments – Client Relationship Model Phase 2 (CRM2), 5/4/2015
  • Investment Products & Wealth Management Newsletter, 2/25/2011
  • National Instrument 31-103: A New Registration Regime, 9/17/2009
  • National Instrument 31-103 Registration Requirements– Update, 4/15/2009
  • Canadian Securities Administrators Propose Revised Registration Regime for Dealers, Advisers and Fund Managers, 3/25/2008
  • Proposed National Instrument 81-106, 8/17/2004
  • Update: National Registration Database, 4/1/2004
Article Alberta Securities Commission to Introduce Participation Fee Model for Reporting Issuers Timely Disclosure
Article Relief from certain Client Relationship Model Phase 2 (CRM2) Amendments Timely Disclosure

Speaking Engagements

  • Reducing Regulatory Burden in Ontario’s Capital Markets, 12/15/2019
  • Emerging Global Regulatory Hot Topics: Regulator and Industry Perspectives, 9/24/2019
  • Regulatory Compliance Panel Presentation, 10/3/2018
  • Compliance Case Study, 9/27/2018
  • Regulatory Panel, 9/25/2018
  • Compliance Case Studies, 5/24/2018
  • Current Compliance Trends and Issues, 2/15/2018
  • Compliance Conundrum #1 - OSC Audit, 9/28/2017
  • Regulatory Update, 9/22/2016
  • What You Should Have on Your Compliance Radar for 2016, 5/18/2016
Reducing Regulatory Burden in Ontario’s Capital Markets PMAC - Compliance Officers’ Network Meeting
Emerging Global Regulatory Hot Topics: Regulator and Industry Perspectives KPMG Asset Management Forum
Regulatory Compliance Panel Presentation Presented to CSA Registration Branch Personnel