OTTAWA — The Supreme Court of Canada says an investor's legal action against a mining company over its decision not to immediately publicize information about a production setback can proceed.

Just days after Canadian firm Lundin Mining Corp. detected wall instability at its open-pit mine in Chile in October 2017, a rock slide prompted the company to shut down part of the mine.

Lundin did not publicly disclose the events at the time but advised investors in a scheduled update about a month later.

The day after the update was issued, the price of Lundin’s securities on the Toronto Stock Exchange fell 16 per cent.

Investor Dov Markowich — who bought Lundin shares after the rock slide, but before it became public — sought permission to bring a case against the company under Ontario's Secu

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