Horizons HOU Class Action

• April 11, 2023

  This proposed class action has been discontinued. The Ontario Superior Court of Justice has approved a Notice of Discontinuance which provides information about steps that individuals need to take if they wish to proceed with any legal claims they may have. Click here to read the Notice of Discontinuance. 

• March 6, 2023

  The hearing scheduled for the week of February 28, 2023 has been adjourned to April 6, 2023 due to scheduling issues. We will post an update to this page following the April 6, 2023 hearing.

• June 8, 2022

  On June 8, 2022, counsel for the Plaintiffs and counsel for the Defendants appeared before Justice Morgan of the Ontario Superior Court of Justice for a case conference. Justice Morgan directed that the Plaintiffs’ motions for (1) permission to amend their statement of claim to assert additional negligence and misrepresentation claims; (2) leave to proceed with a misrepresentation claim under the Securities Act; and (3) certification of the action as a class proceeding be heard over four days from February 28, 2023 – March 3, 2023. A copy of Justice Morgan’s direction can be viewed here.

• May 2, 2022

  The Plaintiffs and the Defendant will be attending a case management conference on May 25, 2022. At this conference, the Plaintiffs will be seeking to schedule a hearing for their motion for (1) permission to amend their statement of claim to assert additional negligence and misrepresentation claims; (2) leave to proceed with a misrepresentation claim under the Securities Act; and (3) certification of the action as a class proceeding. We will post another update to this page following the conference.

• March 7, 2022

  The Plaintiffs are seeking to amend the statement of claim for this action to assert additional negligence and misrepresentation claims against Horizons. Under Ontario law, these amendments require either consent of the Defendants or court approval. Once an amended statement of claim has been filed, the Plaintiffs will seek to set a new date for the motion to certify this action as a class proceeding.

• January 5, 2022

  The hearing of the plaintiffs’ motion to certify this action as a class proceeding has been adjourned. The action remains ongoing and the certification motion will be rescheduled.

• March 10, 2021

  The hearing of the Plaintiff’s motion to certify the action as a class proceeding has been scheduled for the week of January 10, 2022.

• January 20, 2021

  The Superior Court of Justice has issued an amended statement of claim reflecting the consolidation of the actions commenced by Koskie Minsky LLP and Sotos LLP. The Plaintiffs will soon be bringing a motion to certify the action as a class proceeding.

Show All

• April 11, 2023 Notice of Discontinuance
• April 11, 2023 Discontinuance Order
• June 8, 2022 Sequencing - Motions to Amend, Leave to Proceed, Certification
• January 4, 2021 Statement of Claim

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.

I still have questions…

Please feel to contact us by using the contact information on this site.

Toll Free: 1-833-786-0015

Email: houclassaction@kmlaw.ca