IDA retains contractual jurisdiction to discipline former members for five years after resignation.
The applicant, a former registered representative, sought a hearing and review of a decision by the Investment Dealers Association (IDA) District Council.
The IDA had commenced disciplinary proceedings against the applicant after he resigned his membership.
The applicant argued that the IDA lacked jurisdiction over former members, relying on the Chalmers decision.
The Commission dismissed the application, finding that the IDA's jurisdiction is contractual, not statutory, and that its by-law extending jurisdiction over former members for five years following resignation is valid and does not contravene the Securities Act.
The Commission distinguished Chalmers, noting the IDA is an unincorporated association whose authority derives from contract rather than an enabling statute.
Motion by counsel to be removed from the record granted due to clients' failure to cooperate.
Counsel for two respondents brought a motion to be removed as counsel of record, citing the respondents' failure to cooperate and provide information necessary for their representation.
The respondents did not respond to communications or the notice of motion, and did not attend the hearing.
The Commission granted the motion, noting that counsel cannot properly represent clients without their cooperation and information.
The Commission also warned that future requests for adjournments by the respondents based on a lack of counsel would not be viewed favourably, as they had sufficient time to retain new counsel before the scheduled hearing.