The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

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The IMAX Case: Superior Court certifies first-ever Ontario shareholder class action for misrepresentations on the secondary market

In a pair of decisions released the same day, Justice Katherine van Rensburg of the Ontario Superior Court of Justice became the first judge to consider the statutory remedy created under section 138.3 of the Ontario Securities Act (the “Act”) for shareholders of public companies who suffer damages from public company misrepresentations on the secondary securities market in documents such as annual financial statements and other public documents. [more] Full article

Norwich orders: Recent developments in the right to pre-action discovery in Ontario

Two recent Ontario decisions, GEA Group AG v. Ventura Group Co. and York University v. Bell Canada Enterprises and Rogers Communications Inc. have clarified the circumstances under which courts should grant the extraordinary equitable remedy of pre-action discovery, commonly known as a Norwich order. [more] Full article

Ontario Securities Commission (OSC) panel decisions criticize regulators’ disclosure practices

Two recent OSC decisions have sided against securities regulators on issues of documentary disclosure. In one case, an OSC panel found that there had been too much disclosure by OSC staff and, in another case, there had not been enough disclosure. [more] Full article

OSC clarifies when merger negotiations must be disclosed

Companies do not have to disclose merger negotiations as a material change until there is sufficient likelihood that the deal will close, the Ontario Securities Commission held recently in Re AiT Advanced Information Technologies Corp. [more] Full article