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

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
Order Dismissing Catalyst Appeal of August 2016 Newbould Judgment – 21 February 2018 Download PDF
Order Dismissing Catalyst Motion for Leave to Appeal October 2016 Newbould Costs Judgment – 22 March 2018 Download PDF
Order Directing Catalyst to Pay Costs to West Face and Moyse – 11 May 2018 Download PDF
Amended Costs Submissions of Globalive – 26 July 2018 Download PDF
Catalyst Appeal Factum – 24 July 2018 Download PDF
Catalyst Capital Group v VimpelCom Ltd et al – Judgment of Hainey J – 18 April 2018 Download PDF
Amended Amended Fresh as Amended West Face Statement of Defence and Counterclaim – 10 July 2018 Download PDF
Endorsement of Justice Hainey – 6 July 2018 Download PDF
Order 1 re Production from Non-Parties – 6 July 2018 Download PDF
Order 2 re Production from Non-Parties – 6 July 2018 Download PDF
Notice of Intention to Dismiss Appeal for Delay – Ontario Court of Appeal – 2 July 2018 Download PDF
Factum re Molyneux Motion to Strike – 29 June 2018 Download PDF
Motion Record re Molyneux Motion to Strike – 29 June 2018 Download PDF
Notice of Motion re Levitt Motion to Strike – 28 June 2018 Download PDF
Levitt Demand for Particulars – 16 May 2018 Download PDF
Motion Record of Anson Defendants re Motion to Strike – 27 June 2018 Download PDF
Factum of the Anson Defendants re Motion to Strike – 27 June 2018 Download PDF
Motion Record re Copeland Motion to Strike – 27 June 2018 Download PDF
Factum re Copeland Motion to Strike – 27 June 2018 Download PDF
Amended Notice of Motion 2 (Production from Non-Party) – CFS – 21 June 2018 Download PDF
Letter of Request to Israel – 20 June 2018 Download PDF
Endorsement of Justice Hainey – 20 June 2018 Download PDF
Catalyst Abbreviated Factum re Motion to Strike – 14 June 2018 Download PDF
West Face Abbreviated Factum re Black Cube Motion to Strike – 14 June 2018 Download PDF
West Face Abbreviated Factum re Catalyst Motion to Strike – 14 June 2018 Download PDF
West Face Factum re Black Cube Motion to Strike – 13 June 2018 Download PDF
Motion Record of West Face and Boland re Letter of Request to Israel – 12 June 2018 Download PDF
Catalyst Factum re Motion to Strike – 6 June 2018 Download PDF
Notice of Motion 1 (Production from Non-Party) – DWPV – 5 June 2018 Download PDF
Motion Record 1 (Production from Non-Party) – DWPV – 5 June 2018 Download PDF
Motion Record 2 (Production from Non-Party) – CFS – 5 June 2018 Download PDF