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Demmer et al. v. Trevali Mining Corporation et al., SCBC S-228113.

FileSCBC S-228113
Date2025-03-11
Case nameDemmer et al. v. Trevali Mining Corporation et al., SCBC S-228113.

OVERVIEW OF THE SECURITIES CLASS ACTION

On August 19, 2022, Trevali commenced insolvency proceedings under the Companies’ Creditors Arrangement Act, RSC 1985, c C-36, before the Supreme Court of British Columbia at Vancouver Registry under Court File No. S-226670 (“CCAA Proceedings”). The Court appointed FTI Consulting Canada Inc. as the Court-appointed Monitor in relation to Trevali’s CCAA Proceedings (“Monitor”).

Within the parameters of the CCAA Proceedings, a proposed securities class action was commenced in October 2022, alleging that certain of Trevali’s disclosure documents issued between October 9, 2020 and August 15, 2022 (“Class Period”) contained misrepresentations within the meaning and for the purposes of the Securities Act, RSBC 1996, c 418 (“Securities Class Action”). The Securities Class Action proposed to represent a class of Trevali shareholders defined as:

All persons and entities, wherever they may reside or may be domiciled, who purchased or otherwise acquired the common shares of Trevali in the primary market and/or in the secondary market during the Class Period, and held some or all of such common shares as of the close of trading on April 14, 2022 and/or August 15, 2022, except the Excluded Persons

(“Class Members”)

Subsequently, the plaintiffs in the Securities Class Action were appointed as representative shareholders to the Class Members within the CCAA Proceedings and, in that capacity, filed proofs of claims in the CCAA Proceedings on behalf of the Class Members.

SETTLEMENT OF THE CLASS ACTION

On June 6, 2025, the Supreme Court of British Columbia approved a proposed settlement of the Securities Class Action (“Settlement”). A copy of the Settlement Agreement is available here.

The Settlement provides for payment of $2.8 million in full and final resolution of the claims of the class members, and provides for full and final releases for the benefit of Trevali and certain of its former directors who were named Defendants in the Securities Class Action. The Settlement is not an admission of liability, wrongdoing or fault on the part of the Defendants, all of whom have denied, and continue to deny, the allegations against them.

To apply for compensation, eligible class members must complete and submit a Claim Form by 11:59 p.m. Vancouver (Pacific) time on December 4, 2025.

FOR MORE INFORMATION

For more information about the Settlement or to read the Long Form Notice, the Settlement Agreement and/or the other relevant judgments or proceedings, visit the Documents section.

The Toronto-based law firm of KND Complex Litigation is Class Counsel. KND Complex Litigation has significant experience representing investors and consumers in securities class actions and complex litigation in multiple jurisdictions in Canada. Class Counsel may be contacted at c/o Sage Nematollahi, [email protected].

The Settlement Administrator is Concilia Services Inc. and can be reached at :

5900 Andover Avenue, Suite 1
Montreal, Quebec, H4T 1H5
Email: [email protected]
Phone: 1-888-343-9770

Court Documents

Download official documents

Notice of Settlement Approval
Long Form
Notice of Settlement Approval
Short Form
Plan of Allocation (aka Distribution Protocol)
Order of the Court approving the Settlement
June 06, 2025
Order of the Court approving the manner of distribution of the Settlement
June 06, 2025
Order of the Court approving class counsel fees and honorarium payments
June 06, 2025

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