Affinor Securities
Action No. S-197731
Welcome to the
Affinor Securities Litigation Settlement
Website.
If you acquired securities of Affinor Growers Inc. (“Affinor”) [CSE: AFI, OTCQB: RSSFF, FRA: 1AFO CUSIP: 00830Q306, ISIN: CA00830Q3061] from and including March 5, 2018, to and including November 26, 2018, you may be entitled to compensation under the Settlement.
In order to claim compensation from the Settlement Fund, Affinor Class Members must file a Claim, including all required documentation, by no later than OCTOBER 31, 2024.
The information contained on this web page is only a summary of the information presented in more detail in the Settlement Administration Plan.
What the Action is About
On July 11, 2019, an action styled Tietz v BridgeMark Financial Corp., et al., Action No. S- 197731, was commenced in the Supreme Court of British Columbia (Vancouver) (“B.C. Court” and “Action”) against various defendants including Affinor, and its former CEO and CFO, Nicholas Brusatore and Sam Chaudhry (collectively, “Brusatore and Chaudhry”).
The Action arises from private placements carried out between February and August 2018 in ten different public companies, including Affinor. The Action alleges that the private placements were carried out as part of a fraudulent investment scheme, in which the companies entered into consulting agreements with the subscribers to the private placements and their designated associates as a condition of the subscribers participating in the private placements.
Specifically, with respect to Affinor, Brusatore and Chaudhry, it is alleged that, between March 5, 2018 and November 26, 2018 (“Affinor Class Period”), Affinor released certain disclosure documents that were materially misleading as to the true substance and effects of the private placements. The Plaintiffs allege this resulted in damage to Affinor Class Members.
The Action alleges the scheme was exposed and the alleged misrepresentations were publicly corrected on November 26, 2018, when, among other things, the Executive Director of the B.C. Securities Commission published a news release announcing an ongoing investigation into the private placements.
Settlement with Affinor Inc., Brusatore and Chaudhry
On August 4, 2023, the Plaintiffs and Affinor, Brusatore, Chaudhry and Chaudhry U Consulting Inc., entered a settlement of the allegations made against them in the Action (“Settlement” and “Settling Defendants”). The Settlement resolves the Action entirely against the Settling Defendants.
The Settlement provides for settlement funds of CDN $1,340,000.00 (“Settlement Fund”). The Settlement also provides that the Settling Defendants will cooperate with the Plaintiffs in the prosecution of the Action against non-settling defendants, and the unnamed consultants referred to in the Action.
THE SETTLEMENT ADMINISTRATION PLAN ONLY PROVIDES FOR CASH COMPENSATION TO AFFINOR CLASS MEMBERS.
IMPORTANT DATES AND DEADLINES
CLAIMS FILING DEADLINE
Claim Forms must be filed here by no later than OCTOBER 31, 2024 to be entitled to compensation under the Settlement.
OPT-OUT DEADLINE
Under the Settlement Administration Plan, Affinor Class Members who do not wish to participate in this Settlement and Action may exclude themselves from both by “opting-out” no later than OCTOBER 31, 2024, in accordance with the instructions in the Settlement Administration Plan. Under the Settlement Administration Plan, other Class Members are not entitled to opt-out of the Action at this time and will be bound by the terms of the Settlement. If you opt-out, you will no longer be part of the action against any of the Defendants and will not be entitled to participate in any future recovery.