Ontario Securities Commission v. Bridging Finance Inc.
ONTARIO SECURITIES COMMISSION
Law Firm / Organization
Not Specified
BRIDGING FINANCE INC.
Law Firm / Organization
Not Specified
BRIDGING INCOME FUND LP
Law Firm / Organization
Not Specified
BRIDGING MID-MARKET DEBT FUND LP
Law Firm / Organization
Not Specified
SB FUND GP INC.
Law Firm / Organization
Not Specified
BRIDGING FINANCE GP INC.
Law Firm / Organization
Not Specified
BRIDGING INCOME RSP FUND
Law Firm / Organization
Not Specified
BRIDGING MID-MARKET DEBT RSP FUND
Law Firm / Organization
Not Specified
BRIDGING PRIVATE DEBT INSTITUTIONAL LP
Law Firm / Organization
Not Specified
BRIDGING REAL ESTATE LENDING FUND LP
Law Firm / Organization
Not Specified
BRIDGING SMA 1 LP
Law Firm / Organization
Not Specified
BRIDGING INFRASTRUCTURE FUND LP
Law Firm / Organization
Not Specified
BRIDGING MJ GP INC.
Law Firm / Organization
Not Specified
BRIDGING INDIGENOUS IMPACT FUND
Law Firm / Organization
Not Specified
BRIDGING FERN ALTERNATIVE CREDIT FUND
Law Firm / Organization
Not Specified
BRIDGING SMA 2 LP
Law Firm / Organization
Not Specified
BRIDGING SMA 2 GP INC.
Law Firm / Organization
Not Specified
BRIDGING PRIVATE DEBT INSTITUTIONAL RSP FUND
Law Firm / Organization
Not Specified
Bridging Unitholders
Law Firm / Organization
Bennett Jones LLP
University of Minnesota Foundation
PricewaterhouseCoopers Inc.
Law Firm / Organization
Thornton Grout Finnigan LLP
Lawyer(s)

Adam Driedger

SMA 2 Investors
Law Firm / Organization
Aird & Berlis LLP
Lawyer(s)

Tamie Dolny

Quebec Representative Counsel
Law Firm / Organization
Woods S.E.N.C.R.L
Lawyer(s)

Émilie St-Pierre

  • Court and Case Details: This case was heard by the Superior Court of Justice in Ontario. The motion was determined on April 5, 2023, with reasons provided on April 14, 2023. Chief Justice G.B. Morawetz presided.

  • Motion Overview: The Representative Counsel, Bennett Jones LLP, sought an order (the "Unitholder Advisor Claims Tolling Order") to toll or suspend limitation periods on claims that unitholders might have against investment professionals or financial institutions related to the purchase of securities from Bridging Finance Inc. This is to protect approximately 26,000 unitholders.

  • Rationale for Tolling Order:

    • Some unitholders might mistakenly believe that Representative Counsel would handle individual claims.
    • Unitholders could delay filing claims, waiting for more information on recoveries.
    • The limitation periods on claims could expire as the second anniversary of the court’s initial appointment approaches.
  • Legal Basis for Court’s Jurisdiction:

    • The court referenced previous cases, such as "Imperial Tobacco Canada Limited, Re, 2019 ONSC 2222," to establish jurisdiction for tolling limitation periods in similar proceedings.
    • The court confirmed it has both statutory and inherent jurisdiction to grant the Tolling Order.
  • Decision:

    • The court found it just and appropriate to grant the Tolling Order, ensuring that unitholders' potential claims are preserved without facing premature expiration of limitation periods.
    • The motion was granted, and the order was signed as submitted.
    • No monetary award was specified.
Superior Court of Justice - Ontario
CV-21-661458-00CL
Civil litigation
Other