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 […]
Michael Beeforth
Court Affirms Standard of Review for Decisions of Securities Commissions is Reasonableness
Background The Appellants, Sanji Sawh and Vlad Trkulja, who were both mutual fund dealers and exempt market dealers, founded Investment […]
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. […]
Class Proceeding against Investment Advisor, Firm and Trustee Certified at the Expense of Individualized Causes of Action
Background Verbeek was an investment advisor and, at some relevant times, a registered representative of the defendant Dundee Securities Corporation […]
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 […]
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. […]
Deloitte & Touche Inc. Seeks to Discontinue Class Action Against Bre-X Principals
Deloitte & Touche Inc. (“Deloitte”), the long-acting trustee for the Estate of Bre-X Minerals Ltd., has brought motions in the […]
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 […]
Leave to Assert Secondary Market Liability Claim under Part XXIII.1 of the Ontario Securities Act Granted in Proposed Class Action
In Zaniewicz v. Zungai Haixi Corp (2012 ONSC 6061), Perell J. heard and granted the plaintiffs’ unopposed motion for leave […]