Skip to content

Rights of Action for Damages or Rescission

Securities legislation in certain provinces, including Saskatchewan, Ontario, New Brunswick, Nova Scotia and Newfoundland and Labrador, provides investors with, in addition to any other rights they may have at law, rights of rescission or to damages, or both, where this document, or any amendment to it, contains a misrepresentation (as such term may be defined in the applicable statute). Such rights must be exercised by the investors within prescribed time limits and are subject to the defences set out in applicable securities legislation. Investors should refer to the applicable provisions of the securities legislation of their province for the particulars of these rights or consult with a legal advisor.

 

The following is a summary of the rights of rescission or to damages, or both, available to investors under such securities legislation.
Securities legislation of such provinces provides purchasers who purchase securities offered by an offering memorandum with a statutory right of action against the issuer of securities for rescission or damages if the offering memorandum or any amendment contains a misrepresentation, including an untrue statement of a material fact or an omission to state a material fact that is required to be stated or that is necessary to make any statement not misleading or false in the light of the circumstances in which it was made.

 
If the information contained in this presentation, together with any amendment to it, is delivered to a purchaser of an interest in the Fund, and this document contains a misrepresentation as at the time of purchase of the partnership interest, the purchaser will have a statutory right of action against the Fund for damages or for rescission. If the purchaser elects to exercise the right of rescission, the purchaser will have no right of action for damages. To have a statutory right of action or damages or rescission, certain conditions must be satisfied, which may include (i) that the purchaser gives notice to the Fund within the specified time limits, (ii) the Fund will not be liable if it proves that the purchaser purchased the partnership interest with knowledge of the misrepresentation, and (iii) the Fund will not be liable for all or any portion of the damages that do not represent the depreciation in value of the partnership interest as a result of the misrepresentation.
Investors should refer to the securities legislation of their own province and the rules and regulations under it for the complete text of such provisions.