Ontario Judge Certifies Global Investor Class in Landmark Decision
A pair of groundbreaking rulings issued Monday by an Ontario judge in a securities class action has suddenly made the province a much more attractive jurisdiction for plaintiffs pursuing global securities litigation.
The case, filed against IMAX Corp. and several individual defendants in Toronto in the fall of 2006, is considered a litmus test for a new securities law creating U.S.-style civil liability for misrepresentations that affect stock market values.
Monday’s two-part decision permits the litigation to proceed and separately certifies a global class of investors — no small matter considering that some 80-85 percent of investors reside outside of Canada. The decision also explicitly calls the threshold for such pleadings a low one, which “will no doubt be cheered by investors, and jeered by Bay and Wall Streets,” wrote Jim Middlemiss at The Legal Post.
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