Has the OSC’s “special treatment” by appeal courts come to an end?

Appeals are usually an uphill battle for the party that loses at trial, but for more than two decades the hill has been even steeper for losing parties before the Ontario Securities Commission (OSC) and other securities commissions. Traditionally, appellants from OSC and other securities tribunal decisions have had little to no success. However, the extreme level of deference of appeal courts to OSC decisions may be coming to an end, thanks to the 2019 Supreme Court of Canada (SCC) decision in Minister of Citizenship and Immigration v. Vavilov and the Ontario Divisional Court decision this past July in Quadrexx ... [more] Full article
Ontario Court of Appeal can order an appeal to be heard entirely in writing – even where a party objects
In a brief scheduling decision in 4352238 Canada Inc. v. SNC Lavalin Inc., Madame Justice Lois Roberts set a new precedent for the Court of Appeal for Ontario that the ... [more] Full article
When can a member sue a Church, Club, or other Voluntary Association for treating them unfairly?
In Aga v. Ethiopian Orthodox Tewahedo Church of Canada, 2020 ONCA 10, the Ontario Court of Appeal affirmed when a voluntary association can be sued for failing to follow their ... [more] Full article
Test for Anti-SLAPP Motions Reaffirmed by the Ontario Court of Appeal
The law has struggled to balance the right to freedom of expression ingrained in our Charter of Rights and Freedoms with protecting the public from defamatory statements. In an effort ... [more] Full article