Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
39637
Barrick Gold Corporation, et al. v. Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-07-30 | Close file on Leave | |
| 2021-07-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-07-29 | Judgment on leave sent to the parties | |
| 2021-07-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C67681, 2021 ONCA 104, dated February 19, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2021-06-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-06-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-06-24, (Printed version filed on 2021-06-30) | Barrick Gold Corporation |
| 2021-06-10 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-06-17) | Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund |
| 2021-06-10 | Notice of name, (Letter Form), (Printed version due on 2021-06-17) | Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund |
| 2021-06-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-06-24, (Printed version filed on 2021-06-11) | Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund |
| 2021-05-27 | Correspondence received from, (Letter Form), Correspondence re: CA Order, (Printed version due on 2021-06-03) | Barrick Gold Corporation |
| 2021-05-25 |
Correspondence received from, (Letter Form), (Included in the correspondence received from), Court Order Form rec'd estimate as to when court order will be filed: 2021-05-28, (Printed version due on 2021-06-01) |
Barrick Gold Corporation |
| 2021-05-25 | Correspondence received from, (Letter Form), estimate as to when court of appeal order will be filed: 2021-05-28, (Printed version due on 2021-06-01) | Barrick Gold Corporation |
| 2021-05-11 |
Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2021-05-11 |
|
| 2021-04-20 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2021-04-20) | Barrick Gold Corporation |
| 2021-04-20 | Notice of name, (Letter Form), (Electronic version filed on 2021-04-20) | Barrick Gold Corporation |
| 2021-04-20 |
Application for leave to appeal, (Book Form), Require: -Court of Appeal final Order (rec'd 2021-05-27) - Filing fee (rec'd 2021-05-25), Completed on: 2021-06-24, (Printed version filed on 2021-04-20) |
Barrick Gold Corporation |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Barrick Gold Corporation | Applicant | Active |
| Regent, Aaron W. | Applicant | Active |
| Sokalsky, Jamie C. | Applicant | Active |
| Al-Joundi, Ammar | Applicant | Active |
| Kinver, Peter | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund | Respondent | Active |
| Lee, Royce | Respondent | Active |
Counsel
Party: Barrick Gold Corporation
Counsel
Luis G. Sarabia
Steven G. Frankel
155 Wellington Street West
37th Floor
Toronto, Ontario
M5V 3J7
Telephone: (416) 367-7623
FAX: (416) 863-0871
Email: kentthomson@dwpv.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Regent, Aaron W.
Counsel
Luis G. Sarabia
Steven G. Frankel
155 Wellington Street West
37th Floor
Toronto, Ontario
M5V 3J7
Telephone: (416) 367-7623
FAX: (416) 863-0871
Email: kentthomson@dwpv.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Sokalsky, Jamie C.
Counsel
Luis G. Sarabia
Steven G. Frankel
155 Wellington Street West
37th Floor
Toronto, Ontario
M5V 3J7
Telephone: (416) 367-7623
FAX: (416) 863-0871
Email: kentthomson@dwpv.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Al-Joundi, Ammar
Counsel
Luis G. Sarabia
Steven G. Frankel
155 Wellington Street West
37th Floor
Toronto, Ontario
M5V 3J7
Telephone: (416) 367-7623
FAX: (416) 863-0871
Email: kentthomson@dwpv.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Kinver, Peter
Counsel
Luis G. Sarabia
Steven G. Frankel
155 Wellington Street West
37th Floor
Toronto, Ontario
M5V 3J7
Telephone: (416) 367-7623
FAX: (416) 863-0871
Email: kentthomson@dwpv.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund
Counsel
Peter R. Jervis
Golnaz Nayerahmadi
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 548-9874
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Lee, Royce
Counsel
Peter R. Jervis
Golnaz Nayerahmadi
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 548-9874
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
Civil procedure — Class actions — Misrepresentation — Securities — What is the role of the public correction requirement in section 138.3 of the Ontario Securities Act, R.S.O. 1990, c. S.5 (and equivalent provisions of securities legislation across Canada) within the statutory regimes governing secondary market liability in every Province and Territory — What is the test for a legally sufficient public correction?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In 2009, Barrick Gold Corporation began construction of the Pascua mine, a multi billion dollar gold mining project straddling the border of Chile and Argentina. The proposed mine lay at the headwaters of the Estrecho river system making it an environmentally sensitive project, particularly for the thousands of people who lived downstream. The estimated cost of the project escalated, and environmental issues arose. In October 2013, Barrick concluded that the project was no longer financially viable and decided to shut it down. Barrick recorded a write off of around $5 billion. Several shareholders started a class action based on secondary market misrepresentations allegedly made by Barrick. Over the proposed class period, there were five negative disclosures of information that resulted in significant declines in Barrick’s share price. A motions judge granted leave to proceed under s. 138.3 of the Ontario Securities Act, R.S.O. 1990, c. S.5 (“OSA”) with one proposed misrepresentation claim. The Court of Appeal for Ontario granted the subsequent appeal in part, returning several other issues for determination by the lower court.
Lower court rulings
Ontario Superior Court of Justice
2019 ONSC 4160, CV-14-502316-00CP
Motion for leave on environmental misrepresentation class action issue granted; all other misrepresentation issues dismissed
Court of Appeal for Ontario
C67681; 2021 ONCA 104
Appeal allowed in part; certain misrepresentation issues returned to Superior Court for determination.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available