In the recent decision of Tucci v. Smart Technologies Inc. (2013 ONSC 802), Justice Perell confirmed that the statutory cause of action for misrepresentation in a prospectus (set out in s. 130(1) of the Ontario Securities...more
2/22/2013 - Class Action IPO Misrepresentation Ontario Securities Act Primary Market Purchasers Prospectus Rescission Secondary Markets Section 130 Securities
On February 6, 2013, the Court of Appeal for Ontario agreed to review its much discussed decision in Sharma v. Timminco Limited (2012 ONCA 107). Background - Timminco concerned a proposed class action in which...more
2/22/2013 - Class Action Limitation Periods Misrepresentation Motion To Reconsider Ontario Securities Act Secondary Markets Sharma v Timminco
Deloitte & Touche Inc. (“Deloitte”), the long-acting trustee for the Estate of Bre-X Minerals Ltd., has brought motions in the Alberta and Ontario courts seeking leave to discontinue the class action litigation that it has...more
1/23/2013 - Class Action Cross Motions Deloitte Fraud Motion for Leave
In the recent decision of Dugai, Murphy v. Manulife Financial Corporation (2013 ONSC 327), the Divisional Court confirmed the principle that defendants have no obligation to lead evidence on a motion for leave to assert a...more
1/23/2013 - Abuse of Process Affidavits Evidence Misrepresentation Motion for Leave Ontario Securities Act Secondary Markets
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