Nader R. Hasan

The moving parties brought a motion to reopen their appeal after the Ontario government passed legislation repealing the statutory provisions at issue.

The moving parties argued that the repeal was an attempt to evade constitutional scrutiny and render the remitted rehearing moot.

The Court of Appeal dismissed the motion, holding that it was premature to conclude the remitted issues were moot, as the application judge retains discretion to hear the matter.

The Court emphasized that the application judge has the institutional advantage to make the necessary factual findings on the expanded Charter claims.

The respondent, Silvio Serrano, brought a motion seeking disclosure of unredacted transcripts of compelled interviews and an unredacted confidentiality order, or in the alternative, a stay of the enforcement proceeding against him.

The Capital Markets Tribunal found that the redacted information met the test for disclosure and was necessary for Serrano to make full answer and defence.

However, an existing confidentiality order prevented Staff from disclosing the information, and the Tribunal declined to vary or vacate that order.

Concluding that proceeding without the disclosure would cause actual prejudice and constitute an abuse of process, the Tribunal granted a stay of the proceeding against Serrano.