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Canada Case Law

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Class actions 2022 BCSC 1291

Gibbs v. HSBC Global Asset Management (Canada) Limited

Certification refused at this time in a proposed class action alleging HSBC mutual funds were secretly closet indexing while marketed as actively managed.

  • Certification requirements (s.4 cpa)
  • Prospectus misrepresentation
  • Closet indexing/portfolio management strategy
  • Breach of trust/fiduciary duty
  • Excess management fees and trading costs
  • Limitation/discoverability issues
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.