Anne Sonnen

The applicant sought a stay of ongoing Ontario Securities Commission (OSC) proceedings pending an application for judicial review, alleging bias based on public comments made by the OSC Chair.

The OSC brought a cross-motion to quash the judicial review application for prematurity.

The single judge of the Divisional Court dismissed the motion to quash, holding that prematurity should be decided by the full panel.

The judge also dismissed the motion for a stay, finding no exceptional circumstances to justify departing from the general rule that tribunal proceedings should be completed before judicial review is entertained.

The applicant, a former officer of Nortel, sought judicial review to prohibit the Ontario Securities Commission from proceeding with a hearing against him.

He argued that the Commission's prior settlement with Nortel, which included admissions of misconduct by its managers, created a reasonable apprehension of bias against him.

The Divisional Court dismissed the application as premature, finding no exceptional circumstances to justify fragmenting the administrative proceedings before the Commission had an opportunity to consider the matter and hear evidence regarding the applicant's actual role.