Michael Beeforth

Michael Beeforth

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Class Action Decision Considers Secondary Market Misrepresentation Actions

On July 25, 2013, Justice Belobaba of the Ontario Superior Court of Justice released his decision (2013 ONSC 4083) certifying a proposed class action brought by the Ironworkers Ontario Pension Fund against Manulife Financial...more

8/29/2013 - C-Suite Executives Canada Class Action Misrepresentation Ontario Securities Act

UPDATE: Proposed Class Action Based On Offering Document Misrepresentations Certified For Purposes Of Settlement

On May 21, 2013, Perell J. certified a proposed class action against certain defendants in Zaniewicz v. Zungui Haixi Corp. based on misrepresentations in Zunguiā€™s IPO offering documents and other disclosure documents,...more

8/14/2013 - Audits Canada Class Action Documentation IPO Misrepresentation Offers Ontario Securities Act Ontario Securities Commission Settlement

Court Confirms That S. 130 Of The Ontario Securities Act Applies Only To Primary Market Purchasers

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

Court Of Appeal Agrees To Reconsider Timminco

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

Court Confirms No Need For Defendants To Lead Evidence In Motion For Leave Under Part XXIII.1 Of The Ontario Securities Act

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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