Ken McEwan, K.C. and Laésha J. Smith Obtain Leave to Appeal to Challenge Freeze Orders issued by the BC Securities Commission

Ken McEwan, K.C. and Laésha J. Smith successfully sought leave to appeal a Commission decision dismissing Mr. Liu’s application to set aside or vary freeze orders issued against his real and personal property pursuant to s. 151 of the Securities Act, R.S.B.C. 1996, c. 418. The Court of Appeal determined that the appeal raises issues of significance to Mr. Liu and the practice in general, including the interpretation of s. 151 of the Act and the scope of the Commission’s power to freeze assets pursuant to the Act. The Court held that the appeal has merit despite the high degree of deference afforded to the Commission. Accordingly, it was in the interests of justice to hear the appeal.

Read the decision in British Columbia (Securities Commission) v. Liu, 2020 BCCA 338.