Hi Don
I was going to post earlier but had to go out. Paau posted that the judge said unnecessary litagation but that is NOT TRUE!
I actually went to read the document he used for the quotes or paraphrase as he called it and the word unnecessary was never used. Further more he conviently left out the next line. Here is the whole quote:
I recognize that the larger the shareholder group represented by Gowlings, the larger the incentive might be for Gowlings to pursue litigation. In saying that, I do not in any way suggest that Gowlings would not act appropriately for their clients.
What the judge was saying is that Gowling would have more incentive to pursue litagation with more opt ins signed up. It is the committee who will decide about litagation. Tenor wants as few shareholders to opt in as possible so the financial incentive is lessend hoping to drain Gowling with court costs.
Further the judge was clear about NOT suggesting that Gowling would do anything but appropriate for the committee and opt ins. The judge didn't rule against the committee because they were wrong but because he didn't was to show prejudice for the committee.
JJ