Leiper J.

The applicant sought judicial review of a joint decision by the Ontario and British Columbia Information and Privacy Commissioners rejecting claims of solicitor-client and litigation privilege over documents related to a 2019 cyberattack.

The Divisional Court dismissed the application, holding that the standard of review for privilege claims is correctness.

The Court found the Commissioners correctly determined that facts existing independently of privileged communications must be disclosed pursuant to statutory duties under the Personal Health Information Protection Act.

The Court also rejected the applicant's argument that the joint investigation breached procedural fairness, finding it was statutorily authorized and the applicant had acquiesced to the process.

The appellant appealed a decision of the Capital Markets Tribunal finding that he engaged in fraudulent conduct under s. 126.1 of the Securities Act by approving unauthorized transfers of cash between investment funds to pay distributions and dealer fees.

The appellant argued the Panel erred in its factual findings, its rejection of his due diligence and reliance on legal advice defences, and its imposition of sanctions.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the Panel's factual findings or legal analysis, but reduced the disgorgement order from $51,361 to $45,298 based on a concession by the respondent regarding the calculation methodology.