LITIGATION UNLEASHED - Stikeman Elliott

SUMMARY OF LIABILITIES
B-5
Director or Officer of
Influential Person
TYPE OF CLAIM:
CLAIMS AGAINST: MISREPRESENTATION – Public Oral Statement by
Influential Person
Plaintiff proves it acquired or disposed of securities between release and correction of
misrepresentation in statement, and that the statement relates to business or affairs of issuer
Director or officer authorized, permitted or acquiesced in making the statement
Plaintiff proves director or officer either knew of misrepresentation at time of statement or
deliberately avoided acquiring knowledge or was guilty of gross misconduct
Defences: Plaintiff knew of misrepresentation, Director or Officer made a Reasonable
Investigation, Forward-Looking Information, Reliance on Experts, Release without director’s
or officer’s knowledge, Corrective Action, Derivative Information
Expert
Plaintiff proves it acquired or disposed of securities between release of statement and
correction of misrepresentation, misrepresentation is also in a report, made by expert,
statement incorporates report, expert consented in writing to its use
Defences: Expert made a Reasonable Investigation, Plaintiff knew of misrepresentation,
Forward-Looking Information, Release without expert’s knowledge, Corrective Action,
Derivative Information, Withdrawal of Consent
Spokesperson
Plaintiff proves it acquired or disposed of securities between release and correction
of misrepresentation in statement, and that the statement relates to business or affairs
of issuer
Plaintiff proves person either knew of misrepresentation at time of statement or
deliberately avoided acquiring knowledge or was guilty of gross misconduct
Defences: Plaintiff knew of misrepresentation, Other Person made a Reasonable
Investigation, Forward-Looking Information, Reliance on Experts, Release without person’s
knowledge, Corrective Action, Derivative Information
STIKEMAN ELLIOTT LLP
LITIGATION UNLEASHED
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