Kelley M. McKinnon

The respondent sought costs following the dismissal of the Ontario Securities Commission's motion for leave to appeal under s. 131 of the Provincial Offences Act.

The Court of Appeal held that it lacked jurisdiction to award costs on the dismissal of such a motion.

Furthermore, the court noted that even if jurisdiction existed, the general rule in proceedings under the Act is that no costs are awarded against either party, and there were no circumstances justifying a departure from that rule.

The request for costs was denied.

The Ontario Securities Commission sought leave to appeal a Superior Court judgment that overturned the respondent's convictions for ten counts of tipping under the Securities Act.

The Superior Court had ordered a new trial based on the trial judge's inadequate assessment of the key witness's credibility and failure to consider each count independently.

The Court of Appeal refused leave to appeal, finding that the proposed grounds of appeal involved the application of well-established legal principles and did not raise questions of law essential in the public interest or for the due administration of justice as required by s. 131 of the Provincial Offences Act.

The appellant brought a motion before the Court of Appeal.

The court dismissed the motion and ordered no costs, as the responding party did not request them.