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FSD Pharma, Inc., Investors to collect funds
(February 4, 2021) Today the Ontario Superior Court of Justice (Justice Morgan) approved the Settlement Agreement between investors and FSD Pharma, Inc. (“HUGE”), that will require HUGE to convey $5.5 million, inclusive of costs, legal fees, and taxes, to investors. Investors received more than the available directors and officers insurance. The Claim alleges that the…
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Quebec courts recognize investors’ allegations of insiders manipulating stock prices
The law firms of Faguy & Co. (Montreal) and Morganti & Co. (Toronto) announce that on August 7, 2020, the Honorable Mr. Justice Duprat, the Superior Court of Québec authorized the bringing of a class action against Mr. David Baazov in Court File No. 500-06-000859-179. The allegations made in the class action have not been…
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“You can’t handle the truth!”
Markets go up. Markets go down. Investors beware? An investor accepts the risks of normal business successes and failures; but investors should never accept the risk that a company is withholding adverse facts from investors. Companies submit that they do not want to overwhelm investors with ordinary business operations that could cause confusion, so they decide…
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Investment Banks’ Responsibilities: Court of Appeal for Ontario endorses claim
(June 17, 2020) Today the Court of Appeal for Ontario (MacPerson, Pardu and Huscroft JJ.) released an Endorsement affirming the Divisional Court’s decision, dated January 6, 2020, concerning the responsibilities of investment banks and certifying that offering memoranda and prospectuses contain accurate information, to the best of their knowledge. Today’s decision affirms the reversal the…
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Former Newstrike Brands Ltd. investors lodge claim against HEXO CORP.
(February 14, 2020) Morganti & Co. has been retained by multiple investors that held shares of Newstrike Brands Ltd. (“Newstrike”) to advance a statutory and the related common law claim against HEXO Corp. The claim alleges that HEXO Corp. induced Newstrike investors to rely upon misrepresentations about HEXO Corp.’s Quebec Supply Agreement in making the…
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The Stars Group, Inc.’s $30 million settlement with shareholders receives conditional approval
(January 27, 2020) The law firms of Faguy & Co. Inc. (Montreal), and Morganti & Co., P.C. (Toronto), on behalf of investors that purchased The Stars Group Inc. (TSX: “TSGI”) (formerly known as Amaya Gaming) securities are pleased to announce that the previously announced settlement between TSGI and shareholders has received conditional approval from the…
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Appellant Court confirms that Underwriters have a duty of care to investors
(January 6, 2020) Ontario’s Divisional Court (Backhouse, D.L. Corbett, and Myers JJ.) released an important decision concerning the role of class proceeding claims in providing access to justice for investors against investment banks. Today’s decision reverses the motion court’s October 24, 2017 decision declining to certify a common law claim against underwriters Cormark Securities Inc.…
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Settlement reached with the Stars Group, Inc.
(December 17, 2019) The law firms of Faguy & Co. Inc. (Montreal), and Morganti & Co., P.C. (Toronto), on behalf of investors that purchased The Stars Group Inc. (TSX: “TSGI”) (formerly known as Amaya Gaming) securities are pleased to announce that they have reached a settlement for CDN $30 million to resolve the claims against…
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Modern Times (1936): The investors are the victims
(October 3, 2019). None of us enjoy getting kicked in the face from an investment gone bad. It hurts more when the investment goes bad when the company’s share price drops from an announcement admitting that before you made the investment it was already being investigated for accounting irregularities. What about when Canadian courts, supported…
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Morganti & Co. + Retail Investors: Settlement reached with Namaste Technologies, Inc.
(July 25, 2019). Morganti & Co. is pleased to announce that, on behalf of Canadian and German investors, it has reached a settlement valued at CAD $2.8 million with Namaste Technologies, Inc. to resolve claims that it released investor documents omitting material facts about its divesture of “Dollinger Enterprises US, Inc.”, between November 29, 2017…
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Alberta’s first statutory open-stock market decision seeks to protect shareholders
(June 24, 2019). The Court of Queen’s Bench of Alberta has released its first decision relating to shareholders’ burden to seek “leave to proceed” with a statutory secondary market (a/k/a, open market purchase) claim against a responsible issuer. The decision is identified as Stevens v. Ithaca Energy Inc., 2019 ABQB 474. Ithaca Energy had listed…
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Ontario Appellant Court will examine an Underwriters’ Duty of Care to Investors
(April 8, 2019). In LBP Holdings Ltd. v. Hycroft Mining Corp., 2017 ONSC 6342, the Ontario Superior Court of Justice (Justice Perell) declined to certify a negligence misrepresentation class action claim against the underwriters of Hycroft Mining Corp.’s (“Hycroft”) secondary offering. The Plaintiff alleged that the prospectus associated with Hycroft’s secondary offering contained misrepresentations (by…
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Protecting the Micro-Cap Investor: Colt Resources Inc.
(April 5, 2019). Lawyers Andrew Morganti, Albert Pelletier, and Hadi Davarinia were successful in earning the Ontario Superior Court of Justice’s approval to grant their clients’ motion for leave to proceed towards discovery and trial against Colt Resources Inc. (“Colt”) and several of its former officers and directors. The decision is styled as Kauf v.…
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Tulips to Cannabis: Bubbles Will Burst
(March 30, 2019). Tulips bankrupted thousands of investors, Dot.coms managed by amateurs bankrupted hundreds of thousands of investors, and so market participants have been warned that Cannabis companies with the lofty valuations as Dot.coms managed by the same type of amateurs will too burst. Your dreams of becoming a successful investor will simply go up…
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News Alert to Canadian Publicly Listed Companies: Continuous Disclosure Obligations Trump the Business Judgment Rule
(March 7, 2019). Morganti & Co. is please to announce that it represented investors against Ithaca Energy Inc. (“Ithaca Energy”) in Alberta’s first “leave to proceed” motion to advance to trial hearing. Prior to going to trial the plaintiff investor (a/k/a, representative investor) must obtain leave to proceed to trial from the judge. This requires…
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