2 Nov 2023
Kan v. Kew Media Group Inc.
- Plaintiffs, ALEX KAN and STUART RATH filed a proposed class action for misrepresentation under the Securities Act.
- Defendants include Kew Media Group Inc., Steven Silver (former CEO), and Geoffrey Webb (former CFO).
- Plaintiffs seek leave to proceed under section 138.3 of the Securities Act and certification as a class action under the Class Proceedings Act.
- Kew Media Group Inc. consents to the orders sought.
- **Leave to Proceed:**
- Plaintiffs allege misrepresentations in Kew's documents, including working capital, credit facility compliance, financial sufficiency, and others.
- Corrective disclosures were made in December 2019 and January 2020, causing a drop in Kew's share value.
- Plaintiffs and class members acquired shares after the alleged misrepresentations.
- **Certification:**
- Class defined as those who acquired securities between March 28, 2017, and January 16, 2020.
- Common issues include misrepresentations in documents, certifications by individual defendants, Kew's liability, and damages calculation.
- Plaintiffs seek certification for access to justice and judicial efficiency.
- Representative Plaintiffs are deemed suitable.
- **Notice to Class Members:**
- Class members will be notified of the certified class proceeding.
- **Disposition:**
- Leave to Proceed under section 138.3 of the Securities Act and Certification under section 5(1) of the Class Proceedings Act are granted.
- The class is defined as mentioned earlier, and common issues are established.
- Plaintiffs' counsel are appointed as class counsel.
- Orders will proceed as submitted by Plaintiffs' counsel.