Ontario, Canada
The following excerpt is from Smith v Sino-Forest Corporation, 2012 ONSC 24 (CanLII):
In my opinion, the bondholders should be included as class members, if necessary, with their own subclass, and, thus, Smith v. Sino-Forest does not fare well under this group of interrelated factors. As I explained above, I do not regard the membership of both shareholders and bondholders in the class as raising insurmountable conflicts of interest. The bondholders have essentially the same misrepresentation claims as do the shareholders, and it makes sense, particularly as a matter of judicial economy, to have their claims litigated in the same proceeding as the shareholders’ claims.
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