The plaintiffs rely on a document entitled The Trial Warrior Blog dated November 11, 2013 that discusses Kaynes v. BP, 2013 ONSC 5802 (CanLII), 2013 ONSC 5802 (“Kaynes”). The plaintiffs rely on the fact that the defendant Penn West’s shares are traded over the Toronto Stock Exchange in support of their allegation that Penn West carries on business in Ontario. In Kaynes, an Ontario Court assumed jurisdiction over a foreign issuer in a securities class action. TheKaynes decision can be readily distinguished from the claims in this action because the plaintiff in Kaynes sought leave to bring a statutory action for secondary market representation under Part XXIII.I of the Securities Act, R.S.O., 1990, c. S.5, as a result of alleged misrepresentations in the defendant’s prospectus. The Court considered the analysis in Van Breda and held that the alleged “statutory tort” was a new connecting factor created by section 138.3 of the Securities Act. There are no such claims nor is there any allegation of a breach of an Ontario statute in this case.
Manson v. Canetic Resources Ltd., 2014 ONSC 261 (CanLII), per Beaudoin J.
Well, it’s more than a document, it’s a blog post: Antonin I. Pribetic, “Ontario Court Assumes Jurisdiction Over Foreign Issuer in Securities Class Action”, The Trial Warrior Blog: https://thetrialwarrior.com/2013/10/24/ontario-court-assumes-jurisdiction-over-foreign-issuer-in-securities-class-action/ , October 24, 2013) .
Still, I’m pleased that self-represented plaintiffs took the time to cite The Trial Warrior Blog, even without author or link attribution.