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Farris LLP: Vancouver's Law Firm

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07 December 2012

Robert Anderson, Q.C., Teresa Tomchak, and Nicholas Hooge Successfully Represent MDA

On November 2, 2012, the BC Court of Appeal unanimously dismissed the appeal of a decision denying leave for a class action to be commenced against Macdonald, Dettwiler and Associates Ltd. based on the secondary market civil liability provisions of the BC Securities Act.  The successful Farris team was led by Robert Anderson, Q.C. and included Teresa Tomchak and Nicholas Hooge.  The case is the first of its kind in British Columbia to consider the statutory cause of action relating to secondary market disclosure in the Securities Act and was the first in Canada to deny leave.  The BC Court of Appeal’s decision is precedent-setting as it is the first Canadian appellate court decision to consider whether leave should be granted to commence a cause of action relating to disclosure in the secondary market.

Reasons for judgment of the BC Court of Appeal can be viewed here.

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