Chris Horkins has been quoted in the article “Successful Leave Application Doesn’t Foolproof Against Summary Judgment,” published by The Lawyer’s Daily.
Writes Julius Melnitzer: “A seminal Ontario Superior Court decision [Wong v. Pretium Resources] leaves little doubt that success on an application for leave to appeal under the secondary market liability provisions of the Ontario Securities Act does not portend success on the merits.”
Says Chris: “The statute clearly delineates between the ‘reasonable possibility’ standard for leave and the ‘balance of probabilities’ threshold on the merits. … But this is the first time we’ve seen that distinction in action.”
For further insight on this decision, please see our article “Don’t Leave it at Leave: Ontario Superior Court Weighs in on the Evidentiary Threshold for Leave and the Merits of Secondary Market Misrepresentation Claims.”