LEVY v ALBERTA (SECURITIES COMMISSION)

The Applicant applied for permission to appeal a decision of the Alberta Securities Commission (the “ASC”). The ASC denied the Applicant’s request for further disclosure, for the determination of a constitutional issue, and for the adjournment of the hearing of the matter.

The Applicant was of the position that it did not require permission to appeal the ASC’s decision; submitting that Rule 14.51 stipulates that permission is required only in circumstances where a ruling is delivered during the proceeding, but prior to that proceeding concluding. The Applicant argued that that ASC’s decision occurred prior to the commencement of the hearing and was therefore not captured by the requirements of Rule 14.51.

Strekaf J.A. disagreed with the Applicant’s position. The Court initially noted that although the wording of Rule 14.51 referred to trials rather than administrative hearings, the Rule has historically been applied to hearings of the ASC in the same manner. The Court went on to state that while the final hearing had yet to occur, the Applicant sought relief for an interlocutory application that was brough after the process for the hearing before the ASC had begun. The Court noted that in considering Rule 14.51, interlocutory applications of administrative tribunals will only be reviewed in rare and exceptional circumstances.

In considering the Applicant’s position, the Court noted that this was not a rare or exceptional circumstance such that a review of an interlocutory application ought to be undertaken; and that the Applicant would be entitled to challenge the ASC’s decision once a final decision on the merits was delivered. The Application was dismissed and the Applicant was not granted permission to appeal.