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Siskinds Desmeules, and Sotos LLP are class counsel in a class action against financial institutions (the “Defendants”) who conspired to fix, raise, decrease, maintain, stabilize, control or enhance unreasonably the price of precious metals and precious metals market related investment instruments, including metal such as gold, silver, platinum and palladium.

On January 8, 2021, Siskinds Desmeules, the Quebec firm affiliated with Siskinds LLP, filed a class action on behalf of Quebec residents who traded in a precious metals market instrument either directly or indirectly, and/or purchased or otherwise participated in an investment or equity fund, mutual fund, hedge fund, pension fund or any other investment vehicle that purchased a Precious Metals Market Instrument.

It is alleged that the conspiracy began at least on January 1, 2004, and continued until December 31, 2016. The Defendants' actions were intended to increase the profits of some or all the Defendants, to the detriment of class members.

A “Precious metals Market Instrument” includes but is not limited to: precious metals bullion and/or coins, precious metals futures contracts traded on an exchange market operated in Canada, shares in precious metals ETFs, precious metals call options traded on an exchange operated in Canada, precious metals put options traded on an exchange operated in Canada, over-the-counter precious metals put options, leases for precious metals, precious metals certificates, and any other instruments traded on the exchange market in Canada or on a Canadian stock exchange.

Think you may be a member of this class action or know someone who might be?

By emailing Siskinds, I agree that I have read and accept the Privacy Notice and Terms of Use, and I understand that my personal information will be collected, used, and/or disclosed (“processed”) to respond to my inquiry.

Developments

On November 11, 2021, the Quebec action was stayed by the Superior Court of Quebec to give precedence to the Ontario class actions on gold and silver market instrument manipulation which are related to this class action. You can view a copy of the order by clicking here (English only). To know more about our related class actions, please visit theses pages: Gold Price Manipulation and Silver Price Manipulation.

This class action is in the early stages of proceedings. It has not yet been certified or authorized by the Court. The next step in the litigation will be the certification motion. At the certification motion, the court will determine whether the action should properly proceed as a class action. You can view a copy of the Application by clicking here (French only).

FAQs

Who is affected by this class action?

You are affected by the class action (a “class member”) if you entered into a “Precious metals Market Instrument” in Canada between January 1, 2004 and December 31 2016 either directly or indirectly through an intermediary, and/or purchased or otherwise participated in an investment or equity fund, mutual fund, hedge fund, pension fund or any other investment vehicle that transacted in a precious metal Market Instrument, such as gold, silver, platinum or palladium.

A “Precious metals Market Instrument” includes but is not limited to: precious metals bullion and/or coins, precious metals futures contracts traded on an exchange market operated in Canada, shares in precious metals ETFs, precious metals call options traded on an exchange operated in Canada, precious metals put options traded on an exchange operated in Canada, over-the-counter precious metals put options, leases for precious metals, precious metals certificates, and any other instruments traded on the exchange market in Canada or on a Canadian stock exchange.

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).

What should I do to protect my rights?

To protect your rights, you should:

  1. Keep records of any Canadian purchases or sales of Precious Metals Market Instruments between January 1, 2004 and December 31, 2016; and
  2. Register to receive updates on this case by emailing us at [email protected].

By emailing Siskinds, I agree that I have read and accept the Privacy Notice and Terms of Use, and I understand that my personal information will be collected, used, and/or disclosed (“processed”) to respond to my inquiry.

I still have a question. Who should I contact?

For answers to common questions about class actions in Canada, such as timelines, eligibility, and settlement information, please visit our Class Action Lawsuit FAQ page.

For information in French or to contact our Quebec office, Siskinds Desmeules, call us at 418.694.2009 or at the toll-free number 1.877.735.3845 or email us at [email protected].

By emailing Siskinds, I agree that I have read and accept the Privacy Notice and Terms of Use, and I understand that my personal information will be collected, used, and/or disclosed (“processed”) to respond to my inquiry.

Documents

On November 11, 2021, the Quebec action was stayed by the Superior Court of Quebec to give precedence to the Ontario class actions on gold and silver market instrument manipulation which are related to this class action. You can view a copy of the order by clicking here (English only). To know more about our related class actions, please visit theses pages: Gold Price Manipulation and Silver Price Manipulation.

This class action is in the early stages of proceedings. It has not yet been certified or authorized by the Court. The next step in the litigation will be the certification motion. At the certification motion, the court will determine whether the action should properly proceed as a class action. You can view a copy of the Application by clicking here (French only).

Who is affected by this class action?

You are affected by the class action (a “class member”) if you entered into a “Precious metals Market Instrument” in Canada between January 1, 2004 and December 31 2016 either directly or indirectly through an intermediary, and/or purchased or otherwise participated in an investment or equity fund, mutual fund, hedge fund, pension fund or any other investment vehicle that transacted in a precious metal Market Instrument, such as gold, silver, platinum or palladium.

A “Precious metals Market Instrument” includes but is not limited to: precious metals bullion and/or coins, precious metals futures contracts traded on an exchange market operated in Canada, shares in precious metals ETFs, precious metals call options traded on an exchange operated in Canada, precious metals put options traded on an exchange operated in Canada, over-the-counter precious metals put options, leases for precious metals, precious metals certificates, and any other instruments traded on the exchange market in Canada or on a Canadian stock exchange.

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).

What should I do to protect my rights?

To protect your rights, you should:

  1. Keep records of any Canadian purchases or sales of Precious Metals Market Instruments between January 1, 2004 and December 31, 2016; and
  2. Register to receive updates on this case by emailing us at [email protected].

By emailing Siskinds, I agree that I have read and accept the Privacy Notice and Terms of Use, and I understand that my personal information will be collected, used, and/or disclosed (“processed”) to respond to my inquiry.

I still have a question. Who should I contact?

For answers to common questions about class actions in Canada, such as timelines, eligibility, and settlement information, please visit our Class Action Lawsuit FAQ page.

For information in French or to contact our Quebec office, Siskinds Desmeules, call us at 418.694.2009 or at the toll-free number 1.877.735.3845 or email us at [email protected].

By emailing Siskinds, I agree that I have read and accept the Privacy Notice and Terms of Use, and I understand that my personal information will be collected, used, and/or disclosed (“processed”) to respond to my inquiry.