Court File and Parties

COURT FILE NO.: CV-19-631107-00CP

DATE: 20220913

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Charles O’Brien and James Rae

AND:

Maxar Technologies Inc., Howard L. Lance, Anil Wirasekara, Biggs C. Porter, Nick S. Cyprus and KPMG LLP

BEFORE: J.T. Akbarali J.

COUNSEL: Daniel E.H. Bach, Jared S. Rosenbaum, and Albert Pelletier, for the plaintiffs

David R. Byers, Daniel S. Murdoch and Sinziana R. Hennig, for the defendants Maxar Technologies Inc., Howard L. Lance, Anil Wirasekara, Biggs C. Porter and Nick S. Cyprus

HEARD: In writing

Proceeding under the Class Proceedings Act, 1992

ENDORSEMENT

[1] On March 11, 2022, I released reasons denying leave to the plaintiffs to proceed with their claim under part XXIII.1 of the Ontario Securities Act, R.S.O. 1990, c. S.5. I also denied the plaintiffs’ motion for certification of this proceeding as a class action.

[2] The plaintiffs now bring a motion, on consent of the defendants (except KPMG LLP, who was released from the claim prior to the certification motion) for an order discontinuing this action without costs, and for approval of the Notice of Discontinuance and Notice Plan, pursuant to ss. 19 and 29(2) of the Class Proceedings Act, 1992, S.O. 1992.

[3] The plaintiffs state that, based on the results of the combined leave and certification motion, counsel believe that an appeal would be unsuccessful, and the proposed proceeding is no longer viable. The intended representative plaintiffs have instructed counsel to discontinue the action.

[4] I agree that a discontinuance is appropriate in the circumstances. Notice of the class proceeding has never been circulated to putative class members. A discontinuance at this stage is not likely to prejudice their interests.

[5] The plaintiffs’ proposed notice is also appropriate. It clearly alerts potential class members to the discontinuance, and the resultant recommencement of the running of the limitation period. The Notice Plan requires that the proposed notice also be provided in French.

[6] The Notice Plan calls for class counsel to post the Notice of Discontinuance on their websites. In addition, counsel will email a copy of the notice to any person who has contacted them about the proposed class proceeding and for whom counsel has contact information, and to any person who has registered to receive updates on class counsels’ websites. I agree this is sufficient in the circumstances.

[7] I approve of the form of draft order, filed. I ask counsel to provide me with a copy of the draft order together with attachments, which I will sign.

J.T. Akbarali J.

Date: September 13, 2022