Paul Le Vay and Carlo Di Carlo successfully represented the OSC in a motion to quash an appeal and judicial review application relating to a decision of the Commission. The underlying decision dealt with a determination at a pre-hearing motion that certain documents were not protected by solicitor-client privilege. The respondent brought his appeal and judicial review application almost immediately after the decision was released, and before the merits hearing even started.
In quashing the appeal, the Divisional Court confirmed that s. 9 of the Securities Act does not provide a right to appeal an interlocutory decision. Similarly, in quashing the judicial review, the Court clarified that determinations of solicitor-client privilege do not give rise to an “exceptional circumstance” and thus an exception to the application of the prematurity doctrine (which states that judicial review is not permissible until the merits of the matter have been finally determined, but for in exceptional circumstances).
A link to the decision is here.
