Eaton v HMS Financial Inc., 2008 ABQB 631

Plaintiffs allege they were part of a 1000 investor fraudulent investment scheme, which the Alberta Securities Commission issued a cease trading order and the RCMP was investigating. The scheme's central wrongdoer was alleged to be HMS financial Inc., along with several other financial institutions, and individuals involved with HMS. The court found that the class proceedings should be certified, with certain conditions and exceptions. The court also dismissed the applications by financial institutions to strike all actions against them. The court further determined plaintiffs were entitled to costs against all active defendants as they actively opposed certification.