I like to point out with the help of the provided link, how the Attorney General has launched the suit themselves to help protect investors. If I am correct, there should be no monetary burden placed on the investors and that court costs would be paid inadvertly out of tax payers dollars.
I like this statement in this link where it states proof is not required, although under U.S. law, there may be something like that in Canada?
"Schneiderman's lawsuit was brought under the Martin Act, New York's powerful securities fraud statute, which does not require proof of intent to deceive."
http://www.reuters.com/article/2012/11/20/us-usa-creditsuisse-lawsuit-idUSBRE8AJ05720121120
IMO