Ann: CBA Class Action Judgment, page-16

One hopes that OBL directors are not persuaded to pursue an appeal against the judgment of Justice Yates.
Especially , since on a reading of Yates J.'s reasons he observes of the applicant's case that '...much of this aspect of the decision turned on the pleaded form of the disclosures the applicants alleged CBA should have made, which were incomplete, vague and imprecise and would have been misleading without further contextual detail'.
Maurice Blackburn's sin in this matter was one of omission was the absence of context ie elaboration of the few key issues.
Justice Yates held that the starting point for determining awareness is what the person knew, should have known or formed an opinion on. Awareness does not extend to unknown facts that could have been discovered through investigation which did not in fact take place.
This points to the ease with which plaintiff lawyers can find fault ..but that in and of itself does not make a case for compensation.
Hopefully OBL directors heed the lessons from this hopelessly prosecuted case. I suggest benching Maurice Blackburn for a year or two.