Supreme Court of Canada upholds Ontario Court of Appeal definition of Material Change

In a decision released at the end of November in Lundin Mining Corp. v. Markowich 2025 SCC 39, Canada’s top court upheld the decision of the Court of Appeal for Ontario to reinstate a securities class that had initially been denied leave to proceed based on what both appeal courts both found to be an overly restrictive interpretation of the term “material change” under the Ontario Securities Act. The Litigator article reporting on the Court of Appeal’s 2023 decision can be found here, and our article about the 2022 decision that initially dismissed the motion for leave to proceed with ... [more]
Court of Appeal declines to enforce jurisdiction clause
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