Securities Litigation

Lawson Lundell’s securities litigation experience is extensive. We have built on the knowledge of our distinguished securities law group and partner with them in all of our securities litigation retainers. We have acted for a wide variety of securities market participants in take over bid litigation, shareholders rights claims, fiduciary duty and other disputes and securities commission investigations. We appear regularly before the British Columbia Securities Commission.

Our breadth of experience is evidenced by our recent retainers. We regularly represent clients in the following areas:

• Dealer-client litigation
• Take-over bids, poison pills and related litigation
• Investigations and enforcement
• Corporate governance
• Oppression and shareholder rights litigation

Experience

Examples of work done in the securities litigation include:

• Successfully represented a take over bidder in a dissent rights application and obtained an order that the fair value of the dissenting shares was equal to the take over bid price. (Ashton Mining of Canada Inc. v. Vesuna, 2008 BCCA 248; 2007 BCSC 1374)
• Successfully defended a Petition challenging the approval of a second step business combination under OSC Policy 61-501 and alleging oppression. (Bingham v. Ashton Mining of Canada Inc., 2007 BCSC 281)
• Represented dissident shareholders in a contested plan of arrangement proceeding involving the oppression remedy and stays of proceedings before the British Columbia Court of Appeal. (Scion Capital v. Bolivor Gold Corp, 2006, YKSC17, 2006 YKCA001)
• Successfully defended a shareholder’s right plan before the British Columbia Securities Commission. (Re. Imperial Metals Corporation, CAT-Gold Corporation and bcMetals Corporation, November 10, 2006)
• Successfully represented our client in the leading British Columbia case on contested corporate arrangements. (Re Pacifica Papers Inc. 2001 BCSC 1069; 2001 BCCA 486)
• Represented a client in an investigation concerning allegations of improper take-over bid disclosure and related trading
• Represented various financial services companies and their licensed financial advisors in civil actions and in proceedings before the B.C. Securities Commission
• Co-counsel in an application to cease trade a shareholders rights plan (Inmet Mining Corporation v. Petaquilla Copper Ltd.). Issue was resolved successfully in favour of our client prior to hearing
• Co-counsel for the defendant companies in a multi-million dollar Alberta class action involving securities
• Defence counsel in a multi-million dollar intended class action involving securities and corporate issues
• Defence counsel in a multi-million dollar Saskatchewan case relating to sale of securities involving claims by approximately 100 plaintiffs
• Defence counsel in B.C. and Saskatchewan, and co-counsel in Ontario, in a multi-million dollar case involving securities sold across Canada

Team