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ARTICLE · 08 NOVEMBER 2019

Ending A Class Action – Recent Guidance On Consent Discontinuances In Gradja v. Barrick Gold Corp

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The Ontario Superior Court of Justice had an opportunity to consider the principles to be applied when asking for dismissal of a proposed class action on consent.

CanadaLitigation, Mediation & Arbitration
John Hunter
John Hunter
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The Ontario Superior Court of Justice had an opportunity to consider the principles to be applied when asking for dismissal of a proposed class action on consent.

In a recent decision, Gradja v. Barrick Gold Corp, the Ontario Superior Court of Justice had an opportunity to consider the principles to be applied when asking for dismissal of a proposed class action on consent.

The plaintiff, Mr. Gradja, had commenced a proposed class action against Barrick Gold Corporation (Barrick) claiming damages for alleged misrepresentations relating to Barrick's business operations and an environmental accident that affected the business's finances. The claim for misrepresentation was advanced pursuant to common law principles and pursuant to a statutory provision in the Ontario Securities Act. To support the claim, counsel for Mr. Gradja retained local legal counsel in Argentina to assist in obtaining the relevant documents. Unfortunately, local Argentinian counsel were unable

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