Boneheads Class Action

McRae-Yu v. Profitly Incorporated et. al

The Proceedings So Far

June 15, 2023 – The Plaintiff successfully obtained an ex-parte Mareva (“freezing”) Order against the Defendants, referred to collectively as the “Boneheads team”. In granting the Mareva Injunction, the Ontario Superior Court of Justice allowed service of the Order and Statement of Claim to an unnamed and unknown Defendant, via a non-fungible token (NFT) airdrop into 13 cryptocurrency wallets. This appears to be the first instance in Canada where service via an NFT airdrop has been allowed.

June 19, 2023 – The Statement of Claim, proceeding under the Class Proceedings Act, 1992, was filed at the Ontario Superior Court of Justice.
November 14, 2023. The Defendants’ unsuccessfully brought forward a motion to have the Mareva Order set aside.

Class Members

The Plaintiff seeks certification of the following “Class“:

Every individual resident in or outside of Canada who minted a Boneheads NFT or purchased a Boneheads NFT on any secondary marketplace since August 20, 2021.