Kevin J. Richard

The Divisional Court issued supplementary reasons to clarify its earlier decision partially allowing the appellant's appeal from an Ontario Securities Commission decision.

The original appellate decision set aside specific ten-year bans and an administrative penalty, remitting them for a fresh determination.

Upon request for clarification, the Court agreed with the parties that the remedy should apply to all ten-year bans imposed on the appellant.

The earlier decision was amended to set aside all such bans and remit them to the Commission.

The appellant appealed a decision of the Ontario Securities Commission finding him liable for unregistered and illegal trading of securities and imposing sanctions.

The Divisional Court upheld the Commission's findings on liability, concluding it was reasonable to find the appellant engaged in acts furthering trade and received commissions.

However, the court found the Commission erred in its sanctions analysis by misapprehending the timing of a previous ban imposed on the appellant in Alberta.

The appeal was allowed in part, with the trading bans and administrative penalty set aside and remitted to the Commission for a fresh determination.

The plaintiff appealed the judgment of the motion judge.

The Court of Appeal dismissed the appeal, agreeing with the motion judge's reasons.

Leave to appeal the costs order was refused, and costs of the appeal were awarded to the respondent in the amount of $15,000.

The prosecution appealed the dismissal of its application for prohibition and certiorari to halt a securities prosecution.

The prosecution alleged the trial judge lost jurisdiction by interfering with its case presentation, failing to rule on evidence admissibility, and failing to restrain uncivil attacks by defence counsel.

The Court of Appeal dismissed the appeal, holding that the trial judge has inherent trial management power to direct the order of evidence and defer evidentiary rulings.

While defence counsel's conduct was uncivil and improper, the trial judge's response did not deprive him of jurisdiction or prevent a fair trial.