Damages 51. The Investors have suffered losses for which they are entitled to common law or statutory damages and/or equitable compensation as may be determined by a Court, in an amount to be quantified, up to or exceeding the full value of their investment in IMV.
52. In particular, the Investors claim damages for:
(a) Common law negligent and fraudulent common law misrepresentation, unjust enrichment, and conspiracy, in an amount to be quantified;
(b) Misrepresentation in the primary market pursuant to ss. 130, 130.1, and 131 of the
OSA and equivalent or similar provisions in Other Securities Legislation, in an
amount to be quantified; and
(c) Misrepresentation in the secondary market pursuant to s. 138.3 of the OSA and equivalent or similar provisions in Other Securities Legislation, in an amount to be quantified.
53. The Investors further claim equitable remedies pursuant to the common law, CBCA, NSCA (and equivalent or similar Delaware legislation).
54. The conduct of the D&O’s, as set out above, was egregious, high-handed, and/or highly reprehensible, such as to warrant an award of punitive damages against them.