In the recent decision of considerable interest to the mining industry and the bankruptcy bar, Peter Roy and Sean Grayson were retained on the second half of the appeal to represent the appellant, 2350614 Ontario Inc. who held a Gross Overriding Royalty in property under receivership. In the most recent decision  (Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc., 2019 ONCA 508) the the Court of Appeal clarified the test for extinguishing a parties interest in land though a vesting order. It was determined that 235′s GOR ought not to have been extinguished by a vesting order in first instance due to the nature of 235′s interest being a GOR that ran with the land, and because there was an absence of any agreement allowing for a competing priority.

A request has been made to the Department of Justice in the Hep-C matter to transfer surplus funds from the 86/90 settlement to the Pre-86/Post-90 settlement. Click the attached to review the request and position paper.

Following a hearing in the Ontario Superior Court of Justice on June 21, 2019, the Class Action Case Management Judge approved the  $19 million settlement, proposed distribution protocol and class counsel fee request in this class action. This means the settlement of the class action will be going ahead.

• Class members cannot ask for compensation yet but will be able to ask for a share of the settlement after July 31, 2019.
• A distribution form and notice will be sent to the last known address of class members after July 31, 2019.  The notice will tell class members how to ask for their share of the settlement.
• Information will also be posted at livingstonintlclassaction.ca advising Class Members what to do after July 31, 2019
• Please click here for more information about this case and the Court-approved settlement.

The claims program for Settlement Class Members with eligible 3.0L vehicles commenced on May 8, 2018.  The settlement website is now active and can be found at at www.VWCanadaSettlement.ca

A request has been made to the Department of Justice in the Hep-C matter to transfer surplus funds from the 86/90 settlement to the Pre-86/Post-90 settlement. Click the attached to review the request and position paper.

On March 6, 2017, Roy O’Connor LLP issued a proposed class action lawsuit on behalf of a proposed representative plaintiff  against medical marijuana producer Mettrum Ltd.

The lawsuit alleges that Mettrum Ltd used unauthorized pest control products in the production of some of its medical marijuana products between September 2014 and November 2016.  The lawsuit seeks millions in damages for the proposed class of individuals who purchased the affected products.

A class action case management judge has been assigned to oversee this case and a certification hearing has been scheduled for May 13, 2019.

For more information please contact:

James Katsuras

Tel: 416-362-1989

Toll Free: 1-888-330-8815

Email: jk@royoconnor.ca

Register for More Information 

If you are a member of the proposed class and wish to receive information from time to time about the status of the lawsuit, you may request such information by clicking here. 

Roy O’Connor LLP was once again recognized with one of the prestigious Benchmark Litigation Plaintiff Firm of the Year award for 2017. Roy O’Connor LLP  previously won the Plaintiff’s Firm of the Year award in 2013 and 2015.

Sean Grayson of Roy O’Connor LLP, together with Robert Spiegel of Stikeman Keeley Spiegel LLP, were successful in obtaining a Revocation Order from the OSC for Good Mining Exploration Inc. dated January 11, 2017, in respect of a cease trade order that had been in place since June 22, 2015. The News Release from the OSC can be viewed here: January 12, 2017 News Release.

Sean Grayson and George Pakozdi acted as litigation counsel for Goldeye, with John F. O’Donnell of Stikeman Keeley Spiegel LLP as corporate counsel for Goldeye,  in the successful plan of arrangement between Treasury Metals Inc. (TSX:TML) and Goldeye Explorations Limited (TSXV:GGY), announced on November 26, 2016.

Transamerica’s Appeal to the Court of Appeal Dismissed - We are pleased to report that, in Reasons for Decision released on August 22, 2016, a unanimous three-judge panel of the Court of Appeal dismissed Transamerica’s appeal and confirmed that the claim in negligent misrepresentation would proceed to a common issues trial. Please click here to view or download a copy of the Court of Appeal’s Reasons for Decision. 

More Information - Please click here for more information about this class action.