representative work

Cassels Successfully Resists Motion for Leave to Intervene in Commercial List Application


On September 17, 2021, Cassels represented Hadron Healthcare and Consumer Special Opportunities Master Fund, Senvest Global (KY), LP and Senvest Master Fund, LP, who opposed a motion by a proposed intervenor for leave to intervene in a pending application.

In a decision dated September 20, 2021, the Ontario Superior Court (Commercial List) held that since (i) the context of the application was a private business dealing without a public policy element, (ii) the proposed intervenor was not a party to the agreement in question, and (iii) the proposed intervenor could not provide any evidence that would be useful to the Court in its determination of the application, the motion for leave was dismissed.

This was the first of two successful decisions obtained by Cassels in the Gotham Green Partners, LLC v. iAnthus Capital Holdings, Inc. litigation. The other, where the secured lenders and debenture holders were successful on the main application, can be found here.