University of Michigan Legal Working Paper Series

University of Michigan John M. Olin Center for Law & Economics Working Paper Series

 

Securities Class Actions Move North: A Doctrinal and Empirical Analysis of Securities Class Actions in Canada

Adam C. Pritchard, University of Michigan Law School
Janis P. Sarra, University of British Columbia

Abstract

A number of Canadian provinces recently have adopted legislation providing shareholders with a claim for secondary market fraud. Although the legislation has some similarities to the “fraud on the market” class action found in the United States, the laws have some important differences. This article compares securities class actions in Canada and the United States, highlighting the differences between the two regimes that are likely to have important strategic consequences for class action attorneys and issuers. The article also collects and analyzes data on the securities class actions that have been filed to date against Canadian issuers in both Canada and the US, sometimes simultaneously. Finally, the article analyzes the effect of the new legislation on premia for directors’ and officers’ insurance. We find that the relative price of D&O insurance went up substantially for issuers listed only in Canada after the legislation went into effect.

Subject Area

Securities Law

Recommended Citation

Adam C. Pritchard and Janis P. Sarra, "Securities Class Actions Move North: A Doctrinal and Empirical Analysis of Securities Class Actions in Canada" (May 2009). University of Michigan Legal Working Paper Series. University of Michigan John M. Olin Center for Law & Economics Working Paper Series. Working Paper 101.
http://law.bepress.com/umichlwps/olin/art101

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