Look Communications provides update on litigation against certain former officers and directors
September 28 2012 - 9:37AM
PR Newswire (Canada)
TORONTO, Oct. 1, 2012 /CNW/ - Look Communications Inc. ("Look" or
the "Corporation") (NEX: LOK.H and LOK.K) today announced that, on
Friday, September 28, 2012, the Ontario Superior Court of Justice
dismissed applications and motions made by certain of Look's former
officers and directors and personal service companies (the
Applicants) for interim advances to fund their costs of defending
claims made against them by Look. As previously disclosed, on July
6, 2011, Look issued a Statement of Claim against certain former
officers and directors of Look in connection with the payment of
approximately $20 million of "restructuring awards" paid in 2009,
of which approximately $15.7 million was paid to the former
officers and directors named in the Statement of Claim from the net
proceeds of approximately $64 million realized by the Corporation
on the sale of its spectrum licence in 2009. The court denied the
advances sought by Messrs. McGoey, Cytrymbaum, Redman, Smith,
Colbran and the personal service companies, but held that Mr
Dolgonos (but not his personal service company) is entitled to
advances for his defence of the claims made against him. The
reasons state in part: "For the above reasons, therefore, I am of
the view that, based on the evidence presented, Look has
established a strong prima facie case that the individual
Applicants, excluding Dolgonos, acted mala fides, in their own self
interests and not with a view to the interests of Look in respect
of the Board's approval of the equity cancellation payments based
on a value of $0.40 a share and in relation to the payment of
retainers by Look to lawyers acting for the Applicants personally.
Accordingly, Look has met its onus. I am not prepared to approve
interim advancement to the individual Applicants (except Dolgonos)
of their legal fees and expenses in respect of the Action or the
CBCA Motion pursuant to s. 124(4) of the CBCA." The court
emphasized that the findings made in the applications were not
binding on the trial judge. The Corporation intends to seek
reimbursement of its costs of responding to the applications and
motions and to move forward with its claims. The Applicants have 30
days within which to serve Notices of Appeal from the September 28,
2012 decision. About Look Communications Inc. Look's shares are
listed on the NEX under the symbols "LOK.H" for Multiple Voting
Shares and "LOK.K" for Subordinate Voting Shares. Look's website
may be found at www.look.ca. The corporate information contained in
this release includes forward-looking statements regarding future
events and the future performance of Look that involve risks and
uncertainties that could cause actual results to differ materially.
Assumptions used in the preparation of such information, although
considered reasonable by Look at the time of preparation, may prove
to be incorrect. The actual results achieved may vary from the
information provided herein and the variations may be material.
Consequently, there is no representation by Look that actual
results achieved will be the same in whole or in part as those
forecast. Neither the NEX nor its Regulation Services Provider (as
that term is defined in the policies of the NEX) accepts
responsibility for the adequacy or accuracy of this release. Look
Communications Inc. CONTACT: Grant McCutcheonChief Executive
Officer and Director(416) 613-8222
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