In the case of Browne v. Horizons ETF Corp. dated April 11, 2023, plaintiffs Euain Browne, Benjamin Neitsch, and Faisal Yasin, who were involved in related class action matters, sought to discontinue both actions, in accordance with section 29(1) of the Class Proceedings Act, 1992. The actions concerned shares in an exchange-traded fund managed by corporate defendants, symbolized as HOU, with individual Defendants being the corporate directors and officers. The following were the defendants in this case: Horizons ETF Corp., Horizons ETFS Management (Canada) Inc., Steven J. Hawkins, Julie Stajan, Kevin S. Beatson, McGregor Sainsbury, Goeff Salmon, Warren Law, Wan Youn Cho, and Thomas Park. Facing high risks and lacking third-party funding, the Plaintiffs intended to discontinue. An agreement was established among Plaintiffs, Defendants, and Plaintiffs’ counsel, outlining terms: - Plaintiffs retained rights for individual actions - Two Plaintiffs refrained from proposed representative roles - Defendants abstained from seeking costs - Defendants paid $225,000 for counsel's disbursements - No other fees were paid to Plaintiffs' counsel The discontinuance was sought in good faith, avoiding meritless litigation. No notice reached the putative class, and potential prejudice due to the resumption of limitation periods was managed via a Notice Plan. Elevated litigation risks from disclosed facts and a lack of funding were valid reasons for discontinuance, supported by legal precedents. No prejudice arose from discontinuance, and Defendants consented to it. The Orders were approved as submitted by counsel.