2006 February 27

Milne v. Ontario (Securities Commission), [2006] O.J. No. 953

The Ontario Superior Court of Justice struck out this claim for damages against the Ontario Securities Commission (“OSC”) and its litigation counsel in its Enforcement Branch which was based in part on the publication on the OSC website of a Panel decision that the plaintiff “permitted, authorized and acquiesced in the conduct of Arlington [Securities Inc.]” which company the Panel found “failed to deal honestly and in good faith with its clients.” The plaintiff had not appealed the OSC decision to the Ontario Divisional Court, an option that was available to him pursuant to s. 9 of the Ontario Securities Act. The Court held that the website publication of the OSC decision was protected by privilege: “The OSC had a legitimate interest in bringing the decision to the attention of the investing public in accordance with its statutory mandate. It did so by posting a copy of the decision on its website.”