Peter-Paul E. DuVernet

The appellants challenged the Ontario Securities Commission's decision to constitute a different panel for the sanctions hearing than the panel that presided over the merits hearing.

The merits panel found that the appellants had sold securities without being registered as dealers and traded securities without a prospectus.

After the original commissioners' terms expired, a new panel was appointed to conduct the sanctions hearing.

The appellants argued this violated the Statutory Powers Procedures Act and principles of procedural fairness.

The Divisional Court split on the issue but ultimately dismissed the appeal, finding the Commission's interpretation reasonable.

The Court of Appeal affirmed, holding that both interpretations were reasonable and that the Commission's approach did not violate procedural fairness or natural justice.

Two appeals were brought from the decision of a Claims Officer in insolvency proceedings under the Companies’ Creditors Arrangement Act concerning disputed landlord claims arising from leases originally entered in 1979.

One appellant challenged the Claims Officer’s jurisdiction to permit an amendment to a proof of claim and argued that the landlord failed to provide clear and timely notice of an intention to seek prospective damages following lease repudiation.

The other appellant argued that its claim was wrongly disallowed on the basis that notice of its intention to claim damages was untimely and prejudicial to the assignor tenant.

The court held that the Claims Officer had jurisdiction under the claims order to permit amendments and determine procedural matters and that the notice given by one landlord was sufficient.

The court also held that the second landlord’s delayed notice, after entering into a new lease in mitigation, prejudiced the assignor and justified disallowance of its claim.

Both appeals were dismissed.