David Conklin

David's representative work includes acting for:

• Fischer v. IG Investment Management Ltd. (2022), Represented CI at trial in a class action focussing on allegations mutual fund managers failed to prevent market timing trading that raised the funds in January to June, 2022. The decision finding liability was released in February 2023. A damages trial is now being schedule to be followed by appeals
• Green v. Canadian Imperial Bank of Commerce (2022), secondary market liability class action settled shortly before the trial was to commence in October, 2021. This action was the first class action decision to consider the leave standard on the merits of the allegations. That decision was appealed to the Court of Appeal and the Supreme Court of Canada where both the leave standard and applicable limitation period were considered
• Brad Lundell v. Northland Resources S.A. (2022), et al, secondary market liability class action involving trading on the Oslo Bors and TSX exchanges. Settled and approved in January 2023
• Gebre LLC v. The Kyrgyz Republic et al., 2022 ONSC 4137, Represented a former director in a dispute with Centerra Gold concerning the directors involvement with the Kyrgyzstan government’s decision to take over management of a gold mine that is Centerra’s principal asset.  An appeal of the decision in February is pending a settlement of the broader dispute between Kyrgyzstan and Centerra Gold
• In the Matter of Coinsquare LTD (2020), Represented Coinsquare and general management in the investigation and enforcement proceeding concerning allegations of violating securities laws
• Polar Multi-Strategy Master Fund v. The Stars Group Inc. (2019), claims based on terms of the convertible debentures settled after arguments in the Court of Appeal
• Counsel to Paulson & Co., proxy contest and civil claims by Detour focusing on allegations of insider trading and tipping under the CBCA (2018)
• Counsel to two directors of Maricann for the OSC review of their trading (2018)
• Auer and Ramzy v. Poseidon (2018), acted for Peyto in defending secondary market liability class action claims settled and dismissed in Poseidon’s CCAA proceeding
• Re Perpetual Energy Inc. (2016), Represented Polar Securities in challenging a rights offering intended to defeat the interests of convertible debentureholders before the Alberta Securities Commission. The decision dismissing the claims led to a general change of terms for convertible debentures
• Coffin v. Atlantic Power Corp. (2015), class action focussing on allegations of secondary market liability arising from the Board’s decision to reduce dividends. Leave and certification of the secondary market liability claims were denied and the action was dismissed
• Cytrynbaum v. Look Communications Inc (2013), denial of advancement of costs for defending Look’s claims former officers and directors breached their fiduciary duties upheld in the Court of Appeal. The action established the circumstances in which a company may not be obligated to advance defence costs to directors and officers
• Gould v. Western Coal Corp (2012), first dismissal of leave and certification of secondary market liability class action claims on the merits at the leave stage