Case information
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41228
Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund and Royce Lee v. Barrick Gold Corporation, Aaron W. Regent, Jamie C. Sokalsky, Ammar Al-Joundi and Peter Kinver
(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) |
|---|---|---|
| 2024-09-27 | Close file on Leave | |
| 2024-09-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-09-26 | Judgment on leave sent to the parties | |
| 2024-09-26 |
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 C70594, 2024 ONCA 105, dated February 13, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-08-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-05-27 | Lower court order - e-filing, (Letter Form), CA Order, (Printed version due on 2024-06-03) | Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund and Royce Lee |
| 2024-05-27 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-05-28, (Printed version filed on 2024-05-28) | Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund and Royce Lee |
| 2024-05-17 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-05-21) | Barrick Gold Corporation, Aaron W. Regent, Jamie C. Sokalsky, Ammar Al-Joundi and Peter Kinver |
| 2024-05-17 | Notice of name, (Letter Form), (Printed version filed on 2024-05-21) | Barrick Gold Corporation, Aaron W. Regent, Jamie C. Sokalsky, Ammar Al-Joundi and Peter Kinver |
| 2024-05-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-17, (Printed version filed on 2024-05-21) | Barrick Gold Corporation, Aaron W. Regent, Jamie C. Sokalsky, Ammar Al-Joundi and Peter Kinver |
| 2024-05-10 | Correspondence received from, (Letter Form), responding to the Applicant request for expedite determination , (Printed version due on 2024-05-17) | Barrick Gold Corporation, Aaron W. Regent, Jamie C. Sokalsky, Ammar Al-Joundi and Peter Kinver |
| 2024-05-08 | Correspondence received from, (Letter Form), requesting that the determination of this leave of appeal be expedite., (Printed version due on 2024-05-15) | Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund and Royce Lee |
| 2024-04-17 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-04-15 | Notice of name, (Letter Form), (Printed version filed on 2024-04-16) | Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund and Royce Lee |
| 2024-04-15 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-04-16) | Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund and Royce Lee |
| 2024-04-15 | Application for leave to appeal, (Book Form), Completed on: 2024-04-17, (Printed version filed on 2024-04-16) | Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund and Royce Lee |
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 |
|---|---|---|
| Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund and Royce Lee | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Barrick Gold Corporation, Aaron W. Regent, Jamie C. Sokalsky, Ammar Al-Joundi and Peter Kinver | Respondent | Active |
Counsel
Party: Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund and Royce Lee
Counsel
Peter R. Jervis
Golnaz Nayerahmadi
Matthew W. Taylor
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 548-9874
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Agent
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8699
FAX: (613) 563-9869
Email: graham.ragan@gowlingwlg.com
Party: Barrick Gold Corporation, Aaron W. Regent, Jamie C. Sokalsky, Ammar Al-Joundi and Peter Kinver
Counsel
Luis Sarabia
Steven G. Frankel
Maura O'Sullivan
155 Wellington Street West
37th Floor
Toronto, Ontario
M5V 3J7
Telephone: (416) 863-9000
FAX: (416) 863-0871
Email: kentthomson@dwpv.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Securities — Civil procedure — Commencement of proceedings — Leave to proceed with claims — What is the correct analytical approach to determining what is a public correction under s. 138.3 of Securities Act, R.S.O. c. S.5, and parallel provincial and territorial legislation — What is the correct analytical approach to multiple partial public corrections — What are the appropriate analytical steps that leave judges must apply in considering the sufficiency of evidence at the leave stage to determine if the reasonable possibility test has been met?
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.
The Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund and Royce Lee applied for leave to bring an action against Barrick Gold Corporation and some of its officers and directors pursuant to the Securities Act, R.S.O. c. S.5, alleging actionable misrepresentations about a failed gold mining project. The Ontario Superior Court of Justice granted leave in part and made declarations concerning public corrections. The Court of Appeal dismissed an appeal.
Lower court rulings
Application pursuant to Securities Act, R.S.O. c. S.5, for leave to bring action for misrepresentations granted in part
Appeal dismissed
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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