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. Catalyst is applying for leave to appeal the decision of the Ontario Court of Appeal to the Supreme Court of Canada, as well as bringing a motion for an extension of time to file its application for leave.

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 is appealing that decision to the Ontario Court of Appeal.

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

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
Directions of Justice Hainey – 27 August 2018 Download PDF
Handwritten Endorsement of Justice Dunphy – 15 June 2018 Download PDF
Motion Record re Anderson Defendants’ Motion to Strike – 6 September 2018 Download PDF
Catalyst Reply Letter Submission on Extension Motion – 27 August 2018 Download PDF
Affidavit of David Moore re Catalyst Reply – 27 August 2018 Download PDF
McFarlane Notice of Intent to Defend – 18 August 2018 Download PDF
Jamieson Statement of Defence to Counterclaim – 17 August 2018 Download PDF
West Face Response to Catalyst Motion for Leave to Extend Time – 17 August 2018 Download PDF
Moyse Response to Catalyst Motion for Leave to Extend Time – 17 August 2018 Download PDF
Black Cube Statement of Defence to Counterclaim – 15 August 2018 Download PDF
Catalyst Application for Leave to Appeal Vol.1 – 8 August 2018 Download PDF
Catalyst Application for Leave to Appeal Vol.2 – 8 August 2018 Download PDF
Memorandum of Argument re Catalyst Application for Leave to Appeal – 8 August 2018 Download PDF
Demand for Particulars – Anderson Defendants – 7 August 2018 Download PDF