During a hearing to review a decision of the Toronto Stock Exchange regarding HudBay Minerals Inc.'s proposed acquisition of Lundin Mining Corporation, HudBay and Lundin requested confidentiality orders for certain documents filed in evidence.
The Ontario Securities Commission considered the open court principle and the test for confidentiality under section 9(1) of the Statutory Powers Procedure Act and the Supreme Court's decision in Sierra Club.
The Commission granted confidentiality for documents that were not relevant to its decision on the merits, including handwritten notes and a financial presentation.
However, it ordered that relevant documents, such as special committee minutes and an engagement letter, be made public, subject to minor redactions for third-party sensitive information.
