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ARTICLE · 18 NOVEMBER 2011

OCA To Apply The Test For Jurisdiction…Again

McCarthy Tétrault
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In Bond v. Brookfield Asset Management Inc., ​Justice Perell stayed a class action brought by a representative plaintiff, named Wanda Bond, an "Internet blogger and shareholder advocate".

CanadaLitigation, Mediation & Arbitration
Byron Shaw
Byron Shaw
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The Ontario Court of Appeal will have an opportunity to apply – and possibly reconsider – the test for jurisdiction yet again in an upcoming appeal from a decision of Justice Perell.

Decision Below

In Bond v. Brookfield Asset Management Inc., ​Justice Perell stayed a class action brought by a representative plaintiff, named Wanda Bond, an "Internet blogger and shareholder advocate". Ms. Bond seeks to represent primary and secondary purchasers of shares in an Alberta mining company called Birch Mountain between April 1, 2005 and November 5, 2008. The essence of Ms. Bond's claim is that the defendant Tricap and its parent, Brookfield, orchestrated proceedings in Alberta so as to force Birch Mountain into receivership resulting in a decline in its shares. Tricap had lent Birch Mountain money and Birch Mountain had defaulted on its loan.

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