2024 Decision (2024 ONSC 4866):

• Issue: The defendants moved to strike an affidavit submitted by the plaintiff, Kamrani-Ghadjar, in a securities class action, claiming it contained inadmissible evidence.
• Outcome: The court dismissed the defendants’ motion to strike the affidavit, finding the evidence admissible as factual or permissible lay observations.
• Costs: Kamrani-Ghadjar, the successful party, was ordered to pay $10,000 in costs to the defendants for their expenses related to the withdrawn affidavit.

2025 Decision (2025 ONSC 499):

• Issue: Kamrani-Ghadjar sought to discontinue claims against two defendants, Neo International Investments Ltd. and Cidel Trust Company, due to lack of evidence and changed circumstances.
• Outcome: The court approved the discontinuance with prejudice (claims against these defendants cannot be refiled) and required notice to class members via the class counsel’s website. The remaining claims against other defendants, including Anaergia, continue.
• Costs: No costs were awarded for the discontinuance motion.

Final Outcome: The securities class action proceeds against Anaergia and certain defendants, with claims against Neo and Cidel dismissed. Kamrani-Ghadjar incurred $10,000 in costs from the 2024 decision but avoided costs in the 2025 proceedings.