Litigating with Catalyst Capital

West Face Capital is a defendant in several lawsuits commenced by The Catalyst Capital Group Inc. and/or Callidus Capital Corporation.  Both Catalyst Capital and Callidus Capital are managed by Mr. Newton Glassman, along with Gabriel De Alba (for Catalyst) and James Riley.

Due to the large volume of documents, and in response to numerous inquiries from current and prospective investors, service providers and industry participants that it interacts with, West Face has assembled the public court documents in the archive hosted on this website.  We intend to add new court documents as they become available.

The first Catalyst lawsuit – identified on this website as the “Moyse Litigation” – went to trial in June 2016 before Mr. Justice Newbould.  The trial judge dismissed the Catalyst claims in their entirety in a decision rendered in August 2016.  In his decision, Justice Newbould also made credibility findings against the Catalyst witnesses, including Mr. Glassman.  Catalyst’s appeal of Justice Newbould’s decision was dismissed on its merits from the bench by the Ontario Court of Appeal in February 2018, with written reasons issued in March 2018. Catalyst’s application for leave to appeal the decision of the Ontario Court of Appeal to the Supreme Court of Canada was dismissed in a decision issued in March 2019.

The third Catalyst lawsuit – identified on this website as the “2016 VimpelCom Litigation” – was dismissed as an abuse of process in a decision rendered in April 2018. Catalyst’s appeal of that decision was dismissed by the Ontario Court of Appeal in a decision issued in May 2019.

West Face believes that the Catalyst and Callidus claims in each of these proceedings are without merit and is vigorously defending each of these proceedings, and is also pursuing its counterclaim in the Whistleblower Litigation.

Note that the documents hosted on this website are unofficial versions of the documents filed with the Ontario court and are not in all cases exact duplicates of the official documents filed with the Ontario court. Some documents have been redacted and/or have omissions, and some documents are entirely omitted. No representation is made as to the accuracy or completeness of the documents hosted on this website. For the official versions of documents filed with the court, please consult the court record in Toronto, Ontario.

 

Other

 

RECENT ADDITIONS

Catalyst Application for Leave to Appeal – 1 August 2019 Download PDF
Fresh as Amended Catalyst Statement of Claim – 19 July 2019 Download PDF
Order of Justice Hainey re Catalyst Amended Statement of Claim – 18 July 2019 (with Schedule A) Download PDF
Notice of Intent to Defend – Bruce Livesey – 15 July 2019 Download PDF
Certificate of Taxation – Supreme Court of Canada – 11 July 2019 View
Catalyst Factum re Motion to Amend – 9 July 2019 Download PDF
Catalyst Motion to Amend Statement of Claim – 5 July 2019 Download PDF
Amended Amended Catalyst Statement of Claim – 14 June 2019 Download PDF
Reasons for decision – Ontario Court of Appeal – 2 May 2019 Download PDF
Application for leave to appeal dismissed View
Endorsement of Hainey J (Production from Non-Party re Levitt) – 18 March 2019 Download PDF
Order of Hainey J (Production from Non-Party re Levitt) – 18 March 2019 Download PDF
Case Management Endorsement of Hainey J – 7 March 2019 Download PDF
Factum of Darryl Levitt for Motion re Prodcution from Non-Party – 21 February 2019 Download PDF
Notice of Motion re Production from Third Party – Darryl Levitt – 6 February 2019 Download PDF
Appeal Factum of Serruya Private Equity – 5 February 2019 Download PDF
Endorsement of Justice Wilton-Siegel re motions to strike whistleblower claims – 9 January 2019 Download PDF
Supreme Court online docket View
Order of Justice Dunphy re Counterclaim Defendant Motion to Strike – 7 December 2018 Download PDF
Cost Endorsement of Justice Hainey – 19 November 2018 Download PDF
Scheduling letter of the Court of Appeal for Ontario – 5 November 2018 Download PDF
Appeal Factum of UBS – 31 October 2018 Download PDF
Appeal Factum of VimpelCom – 31 October 2018 Download PDF
Appeal Factum of Globalive Capital – 31 October 2018 Download PDF
Appeal Factum of US Investors – 1 November 2018 Download PDF
Appeal Factum of West Face Capital – 31 October 2018 Download PDF
Factum of Catalyst re Defendants’ Motion to Strike – 25 October 2018 Download PDF
Factum re Levitt motion to strike – 26 October 2018 Download PDF
Factum of ClaritySpring and Anderson – 18 October 2018 Download PDF
Motion Record re Baumann motion to strike – 29 June 2018 Download PDF
Factum re Baumann motion to strike – 29 June 2018 Download PDF
Invop – Noted in Default – 15 October 2018 Download PDF
Order re Production from Non Parties – 9 October 2018 Download PDF
West Face – Boland Notice of Motion re Litigation Privilege – 27 September 2018 Download PDF
Catalyst Reply and Defence to Counterclaim – 25 September 2018 Download PDF
Catalyst Reply re Application for Leave to Appeal – 24 September 2018 Download PDF
Costs Submissions of The Catalyst Capital Group Inc. – 20 September 2018 Download PDF
Catalyst Noted in Default re Langstaff Third Party Claim – 18 September 2018 Download PDF
Moyse Response to an Application for Leave to Appeal – 13 September 2018 Download PDF
Emmanuel Rosen – Noted in Default – 12 September 2018 Download PDF
West Face Response to Catalyst Application for Leave to Appeal – 13 September 2018 Download PDF