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ARTICLE · 04 SEPTEMBER 2014

Walton V Alberta (Securities Commission)

Borden Ladner Gervais LLP
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On August 29, 2014, the Alberta Court of Appeal released its decision in Walton v Alberta (Securities Commission), 2014 ABCA 723.

CanadaCorporate/Commercial Law
John Blair, KC
John Blair, KC
Andrew Pozzobon
Andrew Pozzobon
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On August 29, 2014, the Alberta Court of Appeal released its decision in Walton v Alberta(Securities Commission), 2014 ABCA 723 ("Walton"). The decision is significant as it is extremely rare for an appellate court to overturn a decision of a securities commission, since the latter are recognized as having particular expertise in their field and are accorded considerable deference by courts. In Alberta, only once previously had the Alberta Court of Appeal overturned a decision of an Alberta Securities Commission (ASC) tribunal. The Court of Appeal in Walton identified a number of conclusions made by the ASC Panel and was particularly scathing of the conclusions as, despite its relative expertise, the ASC Panel:

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