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Refilings and Errors List
On October 25, 2002, we introduced the Refilings and Errors List (the List) on the Commission's web site. The purpose of the List is to provide transparency to the market when, during a staff review, an issuer has amended its CD record, website or social media.
The List identifies issuers and investment funds with deficiencies identified during a staff review and that leads to Corrective Disclosure and will result in the issuer or investment fund being placed on the List. Please note that we will add the name of an issuer or investment fund to the List irrespective of whether the deficiency was identified by staff, by the issuer or investment fund or their advisors during the review process. We will also add the issuer or investment fund to the List regardless of whether the Commission ordered the filing or refiling, or the issuer or investment fund took this step voluntarily.
An issuer or investment fund’s name will be kept on the List for a period of three years from the date the Corrective Disclosure is made to the Continuous Disclosure record or website, or on social media. After the three-year period, the issuer or investment fund’s name will be archived.
For additional information and examples regarding Corrective Disclosure, please refer to OSC Staff Notice 51-711 (Revised) Refilings and Corrections of Errors
The Issuer filed a clarifying press on April 9, 2021 to clarify and to provide additional information regarding the Foodora Canada transaction, the HiRide Share Ltd. acquisition, the consulting services agreement dated May 11, 2020 with Medtronics Online Solutions Ltd., and the status of Facedrive’s early stage and non-revenue generating “projects”, contained or not provided in the Issuer’s management’s discussion and analysis for three and six months ended June 30, 2020 and 2019 (Q2 2020 MD&A) and for the three and nine months ended September 30, 2020 (the Q3 2020 MD&A) as well as in certain news releases issued during the fiscal year 2020.
The Issuer filed two material contracts that were required to be filed at an earlier date. The material contracts filed were: i) the Asset Purchase Agreement between Foodora Inc. and Facedrive dated June 1, 2020; and (ii) the Share Exchange Agreement between the shareholders of Food Hwy and Facedrive dated October 1, 2020
Restatement of condensed consolidated interim financials for the three and nine months ended September 30, 2020, and related MD&A, to make a number of adjustments to the financial statements. These include: the incorrect recognition of a liability related to the exploration license, where the conditions for recognition have not yet been met; a reclassification between current assets and current liabilities; the incorrect valuation of broker warrants related to the Company’s previously completed Qualifying Transaction; an error in the calculation of expenses for the three month period ended September 30, 2020; and an incorrect (non-retrospective) presentation of the share consolidation that occurred in connection with the Qualifying Transaction.
The Issuer had amended and restated its interim financial statements and accompanying management’s discussion and analysis for the three and six months ended December 31, 2020 in respect of the following: (1) adjust the value of the warrants issued in connection with the private placements completed on December 15 and December 16, 2020; (2) adjust the fair value of stock-options granted on December 14, 2020; and (3) reclassify the convertible debentures issued on November 3, 2020.
Technical reports amended to exclude preliminary economic assessment contrary to NI 43-101 s. 2.3 (3) (c).
Reason(s) for refiling: The Issuer filed (1) a clarifying press release updating and withdrawing certain forward-looking information and (2) amended and restated interim financial statements for the period ended September 30, 2020 to reflect impairment of inventory and biological assets.
Retraction of an internal mineral resource estimate related to the Jefferson Canyon Project that was not supported by a technical report.
Technical report refiled to present after-tax economic analysis.
The management reports of fund performance for the annual period ended December 31, 2014 and interim period ended June 30, 2015 were restated to correct the trading expense ratio for the periods ended December 31, 2014 and June 30, 2015.