Michael Beeforth

Michael Beeforth

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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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