Excelsior Mining Corp.

Supreme Court of British ColumbiaCommencement Date: November 01, 2021


May 2, 2024: The Court of Appeal for British Columbia has held that the Plaintiff is not a resident of British Columbia in the ordinary meaning of the term "resident", and that therefore the class action cannot proceed in British Columbia. We have filed a similar action in Ontario to preserve the putative class members' claims against running of the limitations period. We will be seeking directions from the Ontario and British Columbia courts to transfer the class action to Ontario. If you have any questions, please contact us at [email protected].


This is a proposed securities class action against Excelsior Mining Corp. and certain of its directors and officers. The action has been brought on behalf of the investors who participated in the bought deal financing carried out pursuant to the Short Form Prospectus dated February 12, 2021.

The action alleges that the Prospectus used in relation to this bought deal financing improperly failed to disclose the material fact that the company was experiencing problems caused by the presence of carbon-dioxide at the Gunnison Project, which negatively impacted flow rates at the wellfield, negatively impacted mineral production, caused delays and increased the operational costs of the project.

Class Membership Criteria

This class action is brought on behalf of:

  • All persons and entities, wherever they may reside or may be domiciled, who purchased the securities of Excelsior offered by the Prospectus dated February 12, 2021, during the period of distribution, except the Excluded Persons.

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