jimmijazz we will have to agree to disagree about why the judge brought up increased litigation. You see it as an endorsement of Gowling, I see it as a warning. I do have some personal experience with Canadian justices on the commercial list in the Ontario Superior Court but none with Justice Newbould specifically (my experience is with other justices e.g. Kiteley, Rady, Whitaker, etc.). If it bothers you I guess you could ask Gowling for their view - I'd be happy to be corrected but don't do it on my behalf. (For full disclosure I also know Jay Swartz, professionally, who represents Crystallex in this matter - he actually acted for me winning a sizeable settlement from another listed company so I know how good he is but of course I have had zero contact with him over this).

It would be a cheap shot to point out that so far all litigation by Gowling appears to have been unnecessary (and has cost shareholders money).

I do believe that shareholders have no rights now and the court has no duty to us. But please don't conflate that to mean I don't think shareholders shouldn't fight to get the best deal - I don't think we should roll over and play dead. Gowling may now be the best way to fight for shareholders.