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iAnthus Capital Holdings, Inc.
iAnthus Capital Holdings, Inc. (CSE: IAN and FRA: 2IA)
Ontario Superior Court of Justice, Court File No.: CV-20-644524-00CP

This securities class action relates to the Defendants releasing core and non-core documents that contain alleged misrepresentations that resulted in iAnthus unable to release its 4Q 2019, F/2019, and 1Q 2020 financial results and corresponding management, discussion and analysis.

On April 6, 2020, iAnthus reported that it was unable to release its 4Q 2019 and F/2019 audited financial statements. The Plaintiff believes that this admission reflects that all of iAnthus’ quarterly financial statements or management, discussion and analysis must contain errors of material fact or omitted material facts.

Moreover, iAnthus’ former CEO was forced to resign under questionable circumstances. Other Board members have resigned and iAnthus has omitted to disclose the material facts forming the basis of those resignations. On July 13, 2020, iAnthus announced that it was going to recapitalize that will result in shareholders losing over 97% of their equity interests.

UPDATES

On March 4, 2024, the Ontario Superior Court of Justice agreed with Mr. Bordeleau-Tassile’s Objection to the proposed CAD $500,000 settlement lacked evidence as being fair-and-reasonable to Canadian and German investors compared to the U.S. Class Proceeding’s proposed settlement of USD $2.9 million. Berger Montague (Canada) PC’s analysis of the settlement was supported by the uncontested evidence of economist Gregg Edwards of CE Economics, Inc; who analyzed the float split between the exchanges that iAnthus’ securities traded as well as the quantum of damages on an individual and Classwide basis.

The important steps in analyzing the fair-and-reasonableness of shareholder class action settlements are addressed in the Court’s decision found online here: 2024 ONSC 1311.

Ultimately, the Court has invited the parties and Mr. Boardeleau-Tassile to return to the Court, e.g., presumably to address a revised Litigation Plan, pursuant to the requirements of the Ontario Class Proceedings Act.

On November 10, 2023, M. Singh Law Professional Corporation filed the motion record for approval of the Settlement Agreement scheduled for February 20, 2024; Class Members who wish to object to or comment on the proposed Settlement Agreement must do so no later than January 31, 2024.

During July 2023, investor Michael Bordeleau-Tassile, retained Berger Montague (Canada) PC to intervene into the class proceeding to seek carriage of the class proceeding.

Concurrently, M. Singh Law Professional Corporation announced that he reached a settlement with the defendants in the amount of CAD $500,000. The parallel U.S. Class Proceeding settled for USD $2.9 million.

The Court determined that Mr. Bordeleau-Tassile’s motion was pre-mature and the better route would be to Object to the proposed Settlement Agreement, if necessary.

On September 18, 2021, the Ontario Superior Court of Justice granted a consent motion allocating carriage of the class proceeding to M. Singh Law Professional Corporation.