Securities Litigation

We defend public companies, boards and executives in complex securities litigation and regulatory proceedings, safeguarding business objectives with strategic advocacy.
Key Contacts
Dionne Bourassa PascaleDunne PeterStaley Robert
Building facade

Overview

Public companies must actively manage and resolve issues to achieve business objectives. Litigation for public companies increases in complexity as issues cross international borders and legal disciplines. Counsel need to understand all dimensions of the regulatory, civil and criminal liability issues in order to develop a creative and coordinated approach to obtaining an optimal result.

Our securities litigation counsel have extensive experience in securities litigation, enforcement and regulatory proceedings, class actions and corporate disputes for public companies, and their boards of directors and special committees. We have national experience advocating for clients at all levels of courts and before securities regulatory tribunals in all significant Canadian capital markets.

As experienced trial lawyers in securities litigation matters who know the litigation and regulatory processes, we work with our clients to understand their business objectives and to develop a cost effective strategic plan to achieve the desired business results.

We advise on proactive measures to avoid regulatory issues and litigation, including the conduct of regulatory audits and the institution of best practices. We also assist our clients to respond efficiently and effectively to regulatory issues and contested disputes when they arise.

We assist our clients across a broad variety of issues such as stock option dating, insider trading, antitrust matters and allegations of corporate wrongdoing.

Client Work

Anson Funds
in a significant defamation claim concerning serious and false allegations of securities fraud, market manipulation and other illegal conduct
Biogen
in Canadian legal matters related to a C$100 million securities class action commenced by the Oklahoma Firefighters Pension Plan
Blowers & Grafton Enterprises
represented a successful application of focused, intense litigation to resolve a corporate deadlock with a difficult and stubborn counterparty
Bridging Funds
in all aspects of one of the most complex receivership proceedings in the Canadian restructuring market in recent years
BZAM
in restructuring proceedings under the Companies’ Creditors Arrangement Act
Coinbase
in the defence of a class action concerning the application of Canadian securities law to crypto-currencies and other crypto-assets
Dye & Durham
in defence of a novel conspiracy claim which alleges that Dye & Durham's 2020 arm’s-length acquisition of DoProcess was an anti-competitive conspiracy
Endeavour Mining
in a highly publicized putative securities class action
KSV
in recovering nearly C$100 million stolen from certain investors in a syndicated mortgage scheme
Nickel28
in its successful defence of a dissident proxy solicitation by Pelham Investment Partners, including in the Supreme Court of British Columbia
NRStor
in an application relating to an earn-out dispute
Rogers
in the examination, investigation and reporting of governance issues in light of the Rogers family battle for control of the company
Victoria Gold
in its settlement of a securities class action alleging shareholders were misled by the company's disclosure documents regarding mine operations
CannTrust
in defence of a multi-jurisdictional class action
Canada Nickel Company
in defending an action alleging that a number of defendants were part of a conspiracy involving bad faith and fraud
Katanga Mining
in defence of a proposed representative action on behalf of minority shareholders for alleged oppression
Apotex
in two class actions in British Columbia related to pharmaceutical products, including losartan and amitriptyline
Tetra Tech
in defence of a securities class action claim alleging misrepresentation relating to mineral resource and reserve estimates at a mine and processing facility in Mexico
Canopy Growth
in Ontario Securities Commission enforcement proceedings against Cormark Securities
A leading cryptocurrency exchange, in its defence of a novel class action alleging violations of the Ontario Securities Act in relation to cryptocurrency products
Rogers Communications
in the examination, investigation and reporting of various governance issues
Ad Hoc Committee of Unsecured Debtholders
in the US$4-billion recapitalization of Concordia International
Buckingham Securities
in its successful defence of an auditor negligence class action, including before the Ontario Court of Appeal
Volkswagen
in a securities class action commenced on behalf of Ontario purchasers of its securities
Canso
in the $600-million recapitalization of Postmedia Network ("PNI") pursuant to the Canada Business Corporations Act
Central GoldTrust
in Sprott Asset Management's $1-billion hostile takeover bid for all its outstanding units
Silver Bullion Trust
in Sprott Asset Management's $62-million hostile takeover bid for all its outstanding units 
SFC Litigation Trust
in a successful 15-week trial against the former CEO of Sino-Forest Corporation, resulting in a judgment in fraud and breach of fiduciary duty of US$2.6 billion
PricewaterhouseCoopers
in its cross-border Companies Creditors' Arrangement Act proceedings
Mubadala
in its acquisition of all of Global Alumina Corporation's interest in Guinea Alumina
Zahmol Properties v. City of Calgary, 2012 AB C.A. 89 (AB C.A. – Expropriation)
Paramount Energy
in a decision made by a panel of the Alberta Securities Commission Re: Arc Equity Management (Fund 4) 
Alberta Securities Commission
decision re: ARC Equity Management (Fund 4) Ltd., Re, 2009 ABASC 390
Ontario Securities Commission
approved a settlement reached between Research In Motion ("RIM" or the "Company"), together with certain Company directors and executives
Augen Gold
in a requisition for a shareholder meeting made by Augen Capital
Coventree
in an investigation by the Ontario Securities Commission into the Canadian asset-backed commercial paper market - Re Coventree
RBC Capital Markets
in a $115-million bought deal offering of common shares by Verenex Energy

Recognitions

Canadian Legal Lexpert Directory
Most Frequently Recommended, Litigation - Securities (Toronto)
Consistently Recommended, Litigation - Securities (Calgary)

Chambers Canada
Band 1, Litigation: Securities - Ontario
The Legal 500 Canada
Ranked, Tier 1, Dispute Resolution: Alberta
Ranked, Dispute Resolution: Ontario
Global Investigations Review: GIR 100
Ranked, leading firm globally in Investigations
Dionne Bourassa Pascale

Pascale Dionne-Bourassa

Montréal Managing Partner

Staley Robert

Robert W. Staley

Vice Chair and Partner

At the centre of market-shaping deals and high-stakes disputes, Bennett Jones delivers clarity, strategy and results. Our cross-border teams turn complexity into progress, always focused on what drives your success.

Your Guide to Legal Solutions: Securities Litigation

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The Bennett Jones Story

At Bennett Jones, legal solutions are our starting point. What drives us forward is knowing our clients inside and out—their ambitions, obstacles and success metrics.

For more than a century, we have shaped outcomes that matter in business, in law and in the broader Canadian landscape. And our commitment extends beyond legal matters: we invest deeply in the communities in which we live and work.