Part XXIII.1

Ontario’s top court overturns decision refusing leave to proceed with misrepresentation claim against mining company

Kenneth A. Dekker
Affleck Greene McMurtry LLP May 25th, 2023

In a decision released on May 24, 2023 in Markowich v. Lundin Mining, the Court of Appeal for Ontario overturned a Superior Court of Justice decision refusing leave to proceed ... [more] Full article

Superior Court refuses leave to securities class action based on the difference between “Material Facts” and “Material Changes”

Jeremy Brodeur, Articling Student
Affleck Greene McMurtry LLP September 29th, 2022

In a recent decision declining to grant leave under Part XXIII.1 of the Securities Act to proceed with a proposed class action on behalf of purchasers of securities on the ... [more] Full article

Ontario’s top court reinstates securities class action against Cannabis company

Kenneth A. Dekker
Affleck Greene McMurtry LLP September 26th, 2022

In Reasons released on September 26 in Badeesha v. Cronos Group Inc., the Court of Appeal for Ontario unanimously overturned a decision refusing to grant leave to proceed with a ... [more] Full article

Can an opinion be a misrepresentation? It depends on what you include in it. How misrepresentations made in opinions are treated under s. 138.3 of the Securities Act.

Karen Bernofsky
Affleck Greene McMurtry LLP October 16th, 2019

In a decision released on October 9, 2019 in DALI Local 675 Pension Fund (Trustees) v. Barrick Gold, 2019 ONSC 4160 (“DALI”) Justice Belobaba of the Ontario Superior Court considered ... [more] Full article