The appellants brought a motion to stay Ontario Securities Commission (OSC) proceedings pending the appeal of an OSC decision refusing to stay the proceedings for reasonable apprehension of bias.
The court found that while issue estoppel did not entirely preclude the motion due to changed circumstances, the appellants failed to establish irreparable harm.
The court also found that the balance of convenience favoured allowing the OSC proceedings to conclude before addressing the bias issue on appeal.
The motion for a stay was dismissed.
