Kamrani-Ghadjar v. Anaergia Inc.
MOHAMMAD REZA KAMRANI-GHADJAR
Law Firm / Organization
Not Specified
Lawyer(s)

Paul Bates

Law Firm / Organization
MMH Law
Lawyer(s)

Mahdi Hussein

Law Firm / Organization
SMK Law
Lawyer(s)

Soheil Karkhanechi

ANAERGIA INC.
Law Firm / Organization
Stikeman Elliott LLP
Lawyer(s)

Daniel S. Murdoch

ANDREW BENEDEK
Law Firm / Organization
Stikeman Elliott LLP
Lawyer(s)

Daniel S. Murdoch

HANI EL-KAISSI
Law Firm / Organization
Stikeman Elliott LLP
Lawyer(s)

Daniel S. Murdoch

NEO INTERNATIONAL INVESTMENTS LTD.
Law Firm / Organization
Unrepresented
CIDEL TRUST COMPANY, TRUSTEE OF THE BENEDEK TRUST
Law Firm / Organization
Unrepresented

·  Case Overview: Mohammad Reza Kamrani-Ghadjar, the plaintiff, seeks to represent a class of investors in a securities class action against Anaergia Inc. and other defendants. The claim alleges misrepresentations in Anaergia Inc.’s public disclosures.

·  Legal Motions:

  • Kamrani-Ghadjar moves for leave to proceed with the class action under the Securities Act and for certification under the Class Proceedings Act.
  • Anaergia Inc. challenged the admissibility of an affidavit from Lon Michael Kirsh, arguing it contained inadmissible opinion evidence. A revised affidavit was submitted without opinion evidence.

·  Court Rulings:

  • Motion to Strike: Anaergia’s motion to strike the revised affidavit was dismissed. The court found the affidavit contained relevant observations rather than inadmissible opinions.
  • Costs: While Anaergia's motion was dismissed, Kamrani-Ghadjar was ordered to pay Anaergia’s costs of $10,000 for withdrawing the initial affidavit, which led to additional costs for Anaergia.

·  Legal Principles Discussed:

  • Affidavits must contain relevant, material, and admissible evidence. Opinion evidence is generally inadmissible unless it qualifies as expert evidence.
  • The court's discretion on costs is guided by fairness and proportionality.

·  Next Steps: The plaintiff's motions for leave and certification are scheduled for a hearing in April 2025.

Superior Court of Justice - Ontario
CV-23-00000919-00CP
Class actions
$ 10,000
Plaintiff