Cases
Cases: Re Ernst & Young LLP (Sino-Forest
Zungui Haixi) Counsel to the respondent auditor in two proceedings brought by the Ontario Securities Commission under the Securities Act resulting in the first no contest settlement under OSC Staff Notice 15-702: Revised Credit for Cooperation Program. In the Matter of Universal Market Integrity Rules
In the Matter of Marc McQuillen Counsel to the Applicant before the Ontario Securities Commission in a successful application to set aside a settlement agreement entered into by the Applicant with Market Regulation Services (now IIROC). The approval of the settlement was based upon breaches of Universal Market Integrity Rules, which, in a subsequent IIROC hearing against another respondent were found not to have occurred. The Ontario Securities Commission held that it would be manifestly unfair in the circumstances to allow the settlement agreement
settlement approval to st
. Calvin Wadden et al v. BMO Nesbitt Burns Successful defence of the defendant brokerage firm at a lengthy trial before the Supreme Court of Nova Scotia in an action for negligence
breach of contract arising out of the alleged manipulation of shares of Knowledge House Inc. Sino-Forest Corporation (Re) Counsel for the defendant auditors of Sino-Forest Corporation in connection with a shareholder class action claiming damages in order of $9 billion on behalf of primary
secondary market purchasers
debt-holders. Successfully resolved proceeding
coordinated precedent setting settlement approval of a Canadian class action within the context of an ongoing CCAA proceeding. Counsel in appeals from settlement approval to the Court of Appeal
Supreme Court of Canada, both of which were dismissed. In re Berry Successful representation of respondent dismissing all charges brought against him under the Uniform Market Integrity Rules by the Investment Industry Regulatory Organization of Canada (IIROC). In re Berry Successful appeal to the Ontario Securities Commission from decision of IIROC refusing Berry's request for production of documents covered by settlement privilege. In re Magna Counsel to an opposing shareholder on the application
the appeal opposing the approval of Magna's plan of arrangement under the OBCA. Tucci v. Smart Technologies Inc. et al. Representation of two defendants in a securities class action alleging prospectus misrepresentation by the issuer, selling shareholders
others. Class definition under section 130 of the Securities Act successfully restricted to purchasers under the prospectus
not secondary market purchasers during the period of distribution. CC&L Dedicated Enterprise Fund (Trustee of) v. Fisherman Counsel to a law firm
one of its partners in shareholder class proceedings alleging fraud
misrepresentation in a prospectus
financial statements,
defence of related Ontario Securities Commission proceeding. Dugal v. Manulife Financial Corporation et al. Counsel to one of the defendants in a class proceeding alleging misrepresentations in secondary market disclosure documents
prospectuses. Both common law
statutory cause of action are asserted. Successful motion to bar assertion of statutory cause of action for prospectus misrepresentation due to expiry of the limitation period. Dugal v. Manulife Financial Corporation et al. Successful representation of one of the defendants in a class proceeding on a motion for leave to appeal the motion judge's ruling that the defendants are not required to deliver affidavits or to be subjected to cross-examination when they do not intend to lead evidence in response to a motion to commence a proceeding under Part XXIII.1 of the Securities Act. Riediger v. Air Canada Counsel to one of the defendants in an ongoing class proceeding alleging conspiracy to fix passenger fares, including breach of the Competition Act. Zaniewicz
Clarke v. Zungui Haixi Corporation Counsel for one of the defendants in a shareholder class action alleging that the defendant company's public offering prospectus
other disclosure documents contained untrue representations on a motion for an order certifying the action as a class proceeding for settlement purposes.
