Siskinds LLP and its Québec affiliate, Siskinds Desmeules, have filed class actions in the Ontario Superior Court of Justice and the Québec Superior Court against SNC-Lavalin Group Inc. and certain of SNC’s current and former officers and directors.
The actions allege that disclosure documents issued by SNC contained misrepresentations relating to, among other things, the adequacy of SNC’s internal controls, the compliance of certain of SNC’s financial statements with generally accepted accounting principles, and the compliance of members of SNC’s management with the company’s Code of Ethics and Business Conduct. They further allege that the defendants’ misrepresentations caused the price of SNC’s securities to become inflated, and that the class members suffered damage when the truth was revealed to the investing public. The action claims $1 billion in damages.
Developments
On May 23, 2018, Siskinds LLP and Rochon Genova LLP announced the resolution of related shareholder class actions against SNC-Lavalin Group Inc. and certain of its former officers and directors for an all-inclusive payment of $110 million by SNC-Lavalin and its insurers. The settlement has now received final approval of the Courts in Ontario and Quebec. For more information regarding the Settlement and applying for settlement benefits, consult the Long Form Notice of Settlement Approval and other documentation available below. The Claims Filing Deadline is May 13, 2019.
- LONG FORM NOTICE OF SETTLEMENT APPROVAL [ENGLISH] [FRENCH]
- CLAIM FORM
- DISTRIBUTION PROTOCOL
- AFFIDAVIT OF LISA WATT - SETTLEMENT AND FEE APPROVAL (OCTOBER 4, 2018)
- FACTUM OF CLASS COUNSEL - FEE APPROVAL
- FACTUM OF THE PLAINTIFFS - SETTLEMENT APPROVAL
- AFFIDAVIT OF ANTHONY O'BRIEN (COUNSEL) - SETTLEMENT AND FEE APPROVAL (OCTOBER 1, 2018)
- AFFIDAVIT OF THE REPRESENTATIVE PLAINTIFF - SETTLEMENT AND FEE APPROVAL (SEPTEMBER 27, 2018)
- SETTLEMENT AGREEMENT
- GUIDE TO THE DISTRIBUTION PROTOCOL (Including sample calculations)
- SUMMARY OF RATIONALE FOR THE SETTLEMENT
On June 29, 2012, the Ontario court approved the consolidation of actions commenced by Siskinds LLP and Rochon Genova LLP, as well as the discontinuance of the actions against certain individual defendants. The Ontario court approved a notice with respect to the consolidation and discontinuance. You can access a copy of the notice on the “Documents” page for this class action. Siskinds LLP and Rochon Genova LLP are co-counsel for the plaintiffs in the consolidated Ontario action. On September 19, 2012, Justice Perell of the Ontario Superior Court of Justice certified the Ontario action as a class proceeding, and appointed the Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund and 0793094 B.C. Ltd. as representative plaintiffs. The Ontario action has been certified on behalf of the following class:
all persons, wherever they may reside or be domiciled, who acquired securities of SNC during the period from and including November 6, 2009 to and including February 27, 2012 inclusive (the “Class Period”), except for:
(1) SNC’s past and present subsidiaries, affiliates, officers, directors, legal representatives, heirs, predecessors, successors and assigns, and any spouse or child of the individual defendants in the Ontario action (the “Excluded Persons”); and
(2) those persons who are members of the class authorized in the Québec action, as described below.
Justice Perell also granted leave to the plaintiffs in the Ontario action to commence an action under the secondary market liability provisions of the Ontario Securities Act and the analogous provisions of the securities legislation of each other Canadian jurisdiction. On January 24, 2013, Justice Francoeur of the Québec Superior Court authorized the Québec action as a class proceeding, and appointed Jean-Paul Delaire as representative plaintiff. The Québec action has been authorized on behalf of the following class:
all persons who acquired securities of SNC during the Class Period, who were resident or domiciled in the Province of Québec at the time they acquired such securities, and who are not precluded from participating in a Quebec class action by virtue of Article 999 of the Québec Code of Civil Procedure, except for the Excluded Persons.
Justice Francoeur also granted leave to the plaintiff in the Québec action to commence an action under the secondary market liability provisions of the Québec Securities Act. The Ontario and Québec courts approved a notice with respect to leave and certification. You can access a copy of the notice on the “Documents” page for this class action. The opt-out deadline for this class action expired on May 8, 2013.
Documents
Long Form Notice of Settlement Approval [English] [French]
Claim Form
Distribution Protocol
Notice of Consolidation and Discontinuance