Atlantic Power Corporation

• January 14, 2016

  The appeal was abandoned and the action was dismissed with prejudice. A copy of the order approving the settlement is available here.

• October 5, 2015

  The plaintiffs have appealed. A date for the hearing of the appeal has not yet been set.

• July 31, 2015

  Justice Belobaba released his decision in this matter denying the plaintiffs’ motion for certification and leave. A copy of the decision is available here.

• May 21, 2015

  The Plaintiffs’ motion for certification and leave was heard on May 20 and 21, 2015. Justice Belobaba has reserved his decision.

• January 12, 2015

  The Plaintiffs and the Defendants have amended the timetable for the Plaintiffs’ motions for certification and leave:

  April 3, 2015	Plaintiffs’ Factum
  April 25, 2015	Defendants’ Factum
  May 12, 2015	Reply Factum
  May 20-21, 2015	Leave and Certification Hearing

• December 3, 2014

  The Plaintiffs and Defendants have delivered their motion records for the motion for leave and certification.

• November 12, 2013

  The Plaintiffs and the Defendants have amended the timetable for the Plaintiffs’ motions for certification and leave:

  June 30, 2014	Defendants’ Responding Materials on the Certification and Leave Motion:
  October 31, 2014	Plaintiffs’ Reply Record
  November 7, 2014	Draft Statements of Defence if required
  December 19 2014	Cross-Examinations to be completed
  February 6, 2015	Plaintiffs’ Factum
  March 6, 2015	Defendants’ Factum
  March 20, 2015	Reply Factum
  Week of March 30, 2015	Leave and Certification Hearing

   

• June 20, 2013

  Koskie Minsky LLP, Sutts, Strosberg LLP, Groia & Company Professional Corporation and Morganti Legal, P.C. have assumed carriage of this action.

• May 2, 2013

  The proposed representative plaintiffs issued the Statement of Claim in this action. A copy of the statement of claim is available here.

• April 3, 2013

  Siskinds LLP, Koskie Minsky LLP and the Law Office of Andrew J. Morganti, JD, LL.M today announced the filing in the Ontario Superior Court of Justice of a proposed class action against Atlantic Power Corporation (TSX: “ATP”; NYSE: “AT”), and certain of the company’s senior officers. A copy of the press release announcing the filing of the claim is available here.

Show All

• April 3, 2013 Press Release dated April 3, 2013
• April 3, 2013 Communiqué de presse du 3 avril 2013

• December 2, 2015 Order (The Settlement Approval and Dismissal Order)
• July 24, 2015 Reasons for Judgment
• November 12, 2013 Timetable to Certification and Leave Motion
• May 22, 2013 Fresh as Amended Statement of Claim
• May 2, 2013 Statement of Claim Filed May 2, 2013

What is a class action?

A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.

What does certification mean?

In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.

How do I know if I am a Class Member?

The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.

Are Class Members notified of the certification of the class proceeding?

Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.

Can I opt out of a class action and pursue independent legal action?

Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.

Will there be any cost to class members for legal fees?

Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.

I still have questions…

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