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Investment

Sask. AG 'pleased' court sided with insurance companies in investment fight – Saskatoon StarPhoenix

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Saskatchewan’s top court ruled this week that regulations passed by government during a trial three years ago limit the use of certain policies for investment.

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Saskatchewan’s attorney general says he is “pleased” with a decision from the province’s top court, which sided with three large insurance companies, ruling that new regulations prevent some of their policies being used for unlimited investment.

The province introduced those regulations during a civil trial over the policies, which are held by a group of investors, three years ago, after lobbying by Manufacturers Life Insurance Co., one of the companies involved in the case.

In a prepared statement, Attorney General Gordon Wyant noted the Court of Appeal for Saskatchewan determined the regulations capping contributions apply to all insurance policies since they came into effect.

The regulations “continue to provide important consumer protection by ensuring that insurers do not engage in conduct that undermines their financial viability” or that interferes with their obligations to policy holders, he added.

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Wyant said he could not comment further, as the case may be appealed. A request for leave to appeal to the Supreme Court of Canada was considered likely, regardless of how Saskatchewan’s highest court ruled.

A lawyer representing Mosten Investment LP, one of the three partnerships that own the policies in question, said he was “disappointed” the court set aside the original trial judge’s decision that the regulations do not apply to its policies.

“The result permits the interference by the government in the contract between Mosten and Manulife and unfairly denies Mosten the benefit, without compensation, of a contract issued by Manulife decades before the regulations were passed,” Ronald Miller said in a statement.

Described by Institutional Investor as the Trojan Horse that could bring down the Canadian insurance industry, the case centres on a series of universal life insurance policies with investment accounts offering a guaranteed rate of return.

According to the court, those rates “well-exceed what is currently available under comparable investment products.”

The partnerships that own the policies and are named for Saskatchewan towns — Mosten, Ituna and Atwater — contend that there is no limit on the amount of premiums that can be paid into the policies’ investment accounts.

The three insurance companies, Manulife, BMO Life Assurance Co. and Industrial Alliance Insurance and Financial Services Inc. say the policies were never intended to be used that way, and doing so could bankrupt them.

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The case was tried at Court of Queen’s Bench in Saskatoon in 2018.

After the trial concluded, but before the judge handed down his decision, the provincial government, after being lobbied by Manulife, quietly introduced new regulations aimed at ensuring capping of premiums paid into all policies.

The government was criticized for interfering in a live trial, and then-Attorney General Don Morgan subsequently acknowledged it could have been more transparent about its actions affecting the case.

The new regulations led to a second hearing, after which the judge concluded that while they did not apply retroactively, the policies in question could not be used for “unlimited stand-alone investment opportunities.”

The investors and insurers filed appeals and cross-appeals, and the Saskatchewan Court of Appeal heard the case over threedays in January 2020. The court’s decision was handed down earlier this week.

In their unanimous decision, Justices Brian Barrington-Foote, Neal Caldwell and Jerome Tholl found that the policies owned by two of the three investment partnerships, Mosten and Atwater, “do not set a limit on the amount an insured may invest.”

The judges also found the original judge erred, and that the regulations introduced during the trial three years ago apply to all life insurance contracts, “including the insurance contracts that are the subject of these appeals.”

All three insurance companies issued statements welcoming the ruling, which they said limits deposits into life insurance contracts.

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Miller noted in his statement that Mosten was “pleased” the court found it has the right “to invest without limit in the investments provided by the side account” of its Manulife policy.

amacpherson@postmedia.com
twitter.com/macphersona

  1. The Saskatchewan government is again under pressure to change rules crucial to a multi-million-dollar court case currently in the hands of the province's top court.

    Government again under pressure to change insurance rules at centre of court battle

  2. The Court of Appeal for Saskatchewan in downtown Regina.

    Appeal court to rule on government intervention in insurance battle

The news seems to be flying at us faster all the time. From COVID-19 updates to politics and crime and everything in between, it can be hard to keep up. With that in mind, the Saskatoon StarPhoenix has created an Afternoon Headlines newsletter that can be delivered daily to your inbox to help make sure you are up to date with the most vital news of the day. Click here to subscribe.

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Economy

S&P/TSX composite down more than 200 points, U.S. stock markets also fall

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TORONTO – Canada’s main stock index was down more than 200 points in late-morning trading, weighed down by losses in the technology, base metal and energy sectors, while U.S. stock markets also fell.

The S&P/TSX composite index was down 239.24 points at 22,749.04.

In New York, the Dow Jones industrial average was down 312.36 points at 40,443.39. The S&P 500 index was down 80.94 points at 5,422.47, while the Nasdaq composite was down 380.17 points at 16,747.49.

The Canadian dollar traded for 73.80 cents US compared with 74.00 cents US on Thursday.

The October crude oil contract was down US$1.07 at US$68.08 per barrel and the October natural gas contract was up less than a penny at US$2.26 per mmBTU.

The December gold contract was down US$2.10 at US$2,541.00 an ounce and the December copper contract was down four cents at US$4.10 a pound.

This report by The Canadian Press was first published Sept. 6, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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Economy

S&P/TSX composite up more than 150 points, U.S. stock markets also higher

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TORONTO – Canada’s main stock index was up more than 150 points in late-morning trading, helped by strength in technology, financial and energy stocks, while U.S. stock markets also pushed higher.

The S&P/TSX composite index was up 171.41 points at 23,298.39.

In New York, the Dow Jones industrial average was up 278.37 points at 41,369.79. The S&P 500 index was up 38.17 points at 5,630.35, while the Nasdaq composite was up 177.15 points at 17,733.18.

The Canadian dollar traded for 74.19 cents US compared with 74.23 cents US on Wednesday.

The October crude oil contract was up US$1.75 at US$76.27 per barrel and the October natural gas contract was up less than a penny at US$2.10 per mmBTU.

The December gold contract was up US$18.70 at US$2,556.50 an ounce and the December copper contract was down less than a penny at US$4.22 a pound.

This report by The Canadian Press was first published Aug. 29, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.

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Investment

Crypto Market Bloodbath Amid Broader Economic Concerns

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Breaking Business News Canada

The crypto market has recently experienced a significant downturn, mirroring broader risk asset sell-offs. Over the past week, Bitcoin’s price dropped by 24%, reaching $53,000, while Ethereum plummeted nearly a third to $2,340. Major altcoins also suffered, with Cardano down 27.7%, Solana 36.2%, Dogecoin 34.6%, XRP 23.1%, Shiba Inu 30.1%, and BNB 25.7%.

The severe downturn in the crypto market appears to be part of a broader flight to safety, triggered by disappointing economic data. A worse-than-expected unemployment report on Friday marked the beginning of a technical recession, as defined by the Sahm Rule. This rule identifies a recession when the three-month average unemployment rate rises by at least half a percentage point from its lowest point in the past year.

Friday’s figures met this threshold, signaling an abrupt economic downshift. Consequently, investors sought safer assets, leading to declines in major stock indices: the S&P 500 dropped 2%, the Nasdaq 2.5%, and the Dow 1.5%. This trend continued into Monday with further sell-offs overseas.

The crypto market’s rapid decline raises questions about its role as either a speculative asset or a hedge against inflation and recession. Despite hopes that crypto could act as a risk hedge, the recent crash suggests it remains a speculative investment.

Since the downturn, the crypto market has seen its largest three-day sell-off in nearly a year, losing over $500 billion in market value. According to CoinGlass data, this bloodbath wiped out more than $1 billion in leveraged positions within the last 24 hours, including $365 million in Bitcoin and $348 million in Ether.

Khushboo Khullar of Lightning Ventures, speaking to Bloomberg, argued that the crypto sell-off is part of a broader liquidity panic as traders rush to cover margin calls. Khullar views this as a temporary sell-off, presenting a potential buying opportunity.

Josh Gilbert, an eToro market analyst, supports Khullar’s perspective, suggesting that the expected Federal Reserve rate cuts could benefit crypto assets. “Crypto assets have sold off, but many investors will see an opportunity. We see Federal Reserve rate cuts, which are now likely to come sharper than expected, as hugely positive for crypto assets,” Gilbert told Coindesk.

Despite the recent volatility, crypto continues to make strides toward mainstream acceptance. Notably, Morgan Stanley will allow its advisors to offer Bitcoin ETFs starting Wednesday. This follows more than half a year after the introduction of the first Bitcoin ETF. The investment bank will enable over 15,000 of its financial advisors to sell BlackRock’s IBIT and Fidelity’s FBTC. This move is seen as a significant step toward the “mainstreamization” of crypto, given the lengthy regulatory and company processes in major investment banks.

The recent crypto market downturn highlights its volatility and the broader economic concerns affecting all risk assets. While some analysts see the current situation as a temporary sell-off and a buying opportunity, others caution against the speculative nature of crypto. As the market evolves, its role as a mainstream alternative asset continues to grow, marked by increasing institutional acceptance and new investment opportunities.

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