COURT OF APPEAL FOR ONTARIO

CITATION: Ochnik v. Ontario Securities Commission, 2020 ONCA 97

DATE: 20200207

DOCKET: C67099

Simmons, Pepall and Trotter JJ.A.

BETWEEN

Christa Ochnik

Plaintiff (Appellant)

and

Ontario Securities Commission, Provence of Ontario, TD Waterhouse, Toronto-Dominion Bank (TD Bank), and Hatice E. Pakdil

Defendants (Respondents)

Counsel:

Matthew Tubie, for the appellant

Linda Fuerst, for the respondent Ontario Securities Commission

Jonathan Wansbrough, for the respondents TD Waterhouse,Toronto-Dominion Bank (TD Bank) and Hatice E. Pakdil

Heard: February 7, 2020

On appeal from the judgment of Justice Peter J. Cavanagh of the Superior Court of Justice, dated May 23, 2019 with reasons reported at 2019 ONSC 3155.

APPEAL BOOK ENDORSEMENT

[1] At the oral hearing, the appellant conceded that the statement of claim was properly struck as disclosing no cause of action and that the motion judge’s finding that the action amounted to an abuse of process was appropriate. However the appellant asserts that the motion judge erred in failing to grant leave to amend the statement of claim.

[2] We reject the appellant’s argument. The core of the appellant’s claim is that the respondents orchestrated the wrongful conviction of her father and 1464210 Ontario Inc. by the Ontario Securities Commission. The appellant asserts the convictions led to the bankruptcy of 146 and another corporation the shares of which were the sole assets of the family trust of which the appellant is a beneficiary and thus resulted in loss to her. However, the convictions were upheld on appeal to the Divisional Court and this court denied leave to appeal.

[3] In these circumstances we fail to see any error in the motion judge’s conclusion that the action is an abuse of process and that in any event the appellant lacks standing to pursue any claims. The motion judge’s findings are fatal to the appellant’s request for an amendment. The appeal is dismissed.

[4] Costs of the appeal are to the respondents payable by the appellant on a partial indemnity scale fixed in the amount of $6,000 each inclusive of disbursements and HST payable to each of the OSC and the TD respondents grouped.