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ARTICLE · 08 DECEMBER 2005

Broker’s Report (Securities Litigation)

Borden Ladner Gervais LLP
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In November 2005 the Ontario Court of Appeal dismissed an appeal brought by Conrad Black ("Black") and other senior officers and directors of Hollinger Inc. requesting that the Court find the Order compelling them to submit to questioning by the Inspector (appointed under s. 229 of the Canadian Business Corporations Act was premature, or to set aside or dismiss the order.

CanadaLitigation, Mediation & Arbitration
James Douglas
James Douglas
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THE COURTS

In November 2005 the Ontario Court of Appeal dismissed an appeal brought by Conrad Black ("Black") and other senior officers and directors of Hollinger Inc. requesting that the Court find the Order compelling them to submit to questioning by the Inspector (appointed under s. 229 of the Canadian Business Corporations Act) was premature, or to set aside or dismiss the order. In the alternative, the appellants sought a stay of the Order pending resolution in the criminal proceedings. The Court of Appeal held the Order was not premature. There was no requirement that the Inspector exhaust all other avenues of investigation before examining the appellants, and, in any event, it had become clear that the Inspector would have difficulty obtaining information through other avenues.

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