The D&O Diary

The D&O Diary

A PERIODIC JOURNAL CONTAINING ITEMS OF INTEREST FROM THE WORLD OF DIRECTORS & OFFICERS LIABILITY, WITH OCCASIONAL COMMENTARY

Tag Archives: Canadian securities litigation

NERA: Canadian Securities Class Action Filings Steady in 2013

Posted in International D & O, Securities Litigation, Uncategorized
There were ten securities class action lawsuits filed in Canada in 2013, the same number as were filed in 2012 and only slightly below the annual average number of 11. 6 filings during the period 2006-2012, according to a February 19, 2014 report from NERA Economic Consulting entitled ‚ÄúTrends in Canadian Securities Class Actions: 2013 … Continue Reading

Ontario Securities Suit Claimants Denied Leave to Proceed

Posted in International D & O
Shareholder claimants seeking to pursue a misrepresentation claim under the Ontario Securities Act must obtain leave of court to proceed based on a statutory requirement that the plaintiff must show a “reasonable possibility that the action will be resolved at trial in favor of the plaintiff.” Ontario’s courts agree that this requirement sets a “low … Continue Reading

Canadian Courts Struggle With Jurisdictional Issues in Securities Suits

Posted in International D & O
The question of when domestic securities laws provide remedies for investors who purchased their shares in foreign companies on foreign exchanges vexed U.S. courts for years until the U.S. Supreme Court sorted out the issues in Morrison v. National Australia Bank. But while the U.S. courts now have the  bright line standards of the Morrison … Continue Reading

Canadian Court Declines to Follow Morrison, Rejects BP’s Bid to Stay Claims of Investors Who Purchased Shares on Non-Canadian Exchanges

Posted in Securities Litigation
In its landmark decision Morrison v National Australia Bank, the U.S. Supreme Court said that the U.S. securities laws do not apply to share transactions that do not take place on U.S. securities exchanges. But do these principles operate the same way in other jurisdiction — would courts in other jurisdictions decline to apply the … Continue Reading

NERA Releases 2012 Canadian Securities Class Action Update

Posted in Securities Litigation
Securities class action filings in Canada were down in 2012 compared to 2011’s record number of filings and compared to recent annual averages, according to a February 13, 2013 report from NERA Economic Consulting. The report, which is entitled “Trends in Canadian Securities Class Actions: 2012 Update,” can be found here. NERA’s press release summarizing … Continue Reading

Have Class Actions in Canada “Reached Maturity”?

Posted in International D & O
2012 was “another brisk year of class action activity” in Canada, according to a recent memorandum from the Osler Hoskin & Harcourt law firm entitled “Class Actions in Canada 2012” (here). There were a number of significant class action developments in Canada in 2012, including the “landmark” $117 million E&Y settlement in the Sino-Forest case … Continue Reading

E&Y Settles Ontario Sino-Forest Securities Suit for $117 Million

Posted in Accountant Liability, Securities Litigation
In what is by far the largest settlement in the current wave of securities litigation involving Chinese companies, Ernst &Young, which served as the outside auditor for Sino-Forest, has agreed to pay C$117 million to settle the securities suit that  Sino-Forest investors filed  in Ontario against the accounting firm. (At current exchange rates, the Canadian … Continue Reading

Ontario Court: Company with Shares Trading Only on Foreign Exchange Subject to Canadian Securities Suit

Posted in International D & O
On March 30, 2012, in a decision that may highlight the extent to which Canadian courts are increasingly willing to enforce securities laws in ways that may have extraterritorial effects, the Ontario Court of Appeals held that the liability regime under the Ontario Securities Act applies to Canadian Solar, a company whose shares trade only … Continue Reading

Canadian Securities Class Action Lawsuit Filings Hit Record in 2011

Posted in Securities Litigation
Securities class action lawsuit filings in Canada hit record levels in 2011 according to a new report from NERA Economic Consulting. The January 31, 2012 report, entitled “Trends in Canadian Securities Class Actions: 2011 Update” (here) concludes that the persistent growth in Canadian securities class action lawsuit filings “is not a transient phenomenon.”   According … Continue Reading

Leave to Proceed, Class Certification Given in Another Ontario Securities Suit

Posted in International D & O
For the second time, a court has given investors leave to proceed and also certified a plaintiff class in a secondary market misrepresentations claim under the revised Ontario Securities Act. In an order dated March 1, 2011, Ontario Superior Court Justice Wolfram Tausendfreund granted leave to investors to proceed against Arctic Glacier Income Fund, its … Continue Reading

Imax Defendants Denied Leave to Appeal Rulings Allowing Ontario Securities Case to Proceed as Global Class Action

Posted in International D & O
In a February 14, 2011 order (here), an Ontario Superior Court Justice has denied the motion of the defendants in the IMAX securities lawsuit pending in Ontario for leave to appeal the December 2009 rulings of Ontario Superior Court Justice Katherine van Rensberg granting the plaintiffs leave to pursue securities claims in a class proceeding. … Continue Reading

NERA Releases Updated Canadian Securities Class Action Report

Posted in International D & O
The number of outstanding securities class action lawsuits in Canada reached an all-time high during 2010 according to a January 31, 2011 report by NERA Economic Consulting entitled "Trends in Canadian Securities Class Actions: 2010 Update." The report can be found here. The report includes an appendix in which securities lawsuit trends in several other … Continue Reading

NERA Releases Annual Canadian Securities Class Action Study

Posted in Options Backdating, Securities Litigation
On January 27, 2010, NERA Economic Consulting released its updated annual review of Canadian securities class litigation entitled "Trends in Canadian Securities Class Actions: 2009 Update" (here). The report presents an interesting study of the evolution of class action litigation in a jurisdiction outside the U.S.   According to the report, there were eight new … Continue Reading

In Landmark Rulings, Ontario Court Allows IMAX Securities Suit to Proceed, Certifies Class

Posted in Securities Litigation
In a landmark development for private securities litigation in Canada, a Justice of the Ontario Superior Court has ruled that a proposed securities suit against IMAX under Ontario’s new statutory provisions allowing private securities litigation may proceed. The court separately certified a global class of IMAX investors on whose behalf the case will now proceed.   According to a December 14, … Continue Reading

NERA Releases 2008 Canadian Securities Class Action Trends Study

Posted in International D & O, Securities Litigation
As a result of recent legislative changes, Canadian securities litigation filings increased substantially in 2008, according to a January 26, 2009 Report by NERA Economic Consulting entitled "Trends in Canadian Securities Class Actions: 1997-2008" (here). A January 26, 2009 press release describing the report can be found here.   According to the Report, plaintiffs filed … Continue Reading

Another Significant Canadian Securities Law Development

Posted in International D & O, Securities Litigation
In a recent post (here), I raised concerns about the possibility of U.S.-domiciled companies becoming subject to securities litigation under the Ontario Securities Act. Now, a recent decision by an Ontario Superior Court judge interpreting the Act’s provisions suggests the possibility of litigants using a parallel Ontario proceeding to circumvent the PSLRA’s discovery stay.   The … Continue Reading

AIG Hit with Canadian Securities Class Action

Posted in International D & O, Securities Litigation
Questions surrounding the susceptibility of foreign domiciled companies to U.S. securities laws and to the jurisdiction of U.S. court are frequently recurring issues, as I noted most recently here. However, a new case filed in Ontario under Ontario’s securities laws presents an interesting variation on these questions.   The Ontario Action Against AIG According to its … Continue Reading

Subprime Litigation: A Glimpse of the End Game?

Posted in Subprime Litigation
The 2007 settlement of an Ontario securities class action may suggest the eventual direction of many of the lawsuits in the current subprime and credit crisis-related litigation wave. Even though the lawsuit was filed in a Canadian court and involved a company (FMF Capital Group Ltd.) whose shares traded only on a Canadian exchange, the … Continue Reading