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Ken McEwan Q.C. and Laésha Smith successful in striking claims of British Columbia Securities Commission as disclosing no reasonable claim.

In British Columbia Securities Commission v Pasquill et al, 2021 BCSC 1047, the court struck the substantial majority of the claims of the British Columbia Securities Commission, finding them advanced without statutory authority and failing to disclose a reasonable cause of action. The Securities Commission sought to bring claims asserting an “interest in land” against the defendant’s properties in respect of losses it had neither incurred nor had a propriety claim in respect of, and which in significant part, the court found, were a temporal impossibility. The applicant Vicki Pasquill brought a cross action for tortious abuse of process, alleging the Commission acted for improper purposes outside the litigation process. On the Commission’s cross application, the court denied to strike the claim, but stayed it, pending determination of the residual claims of the Commission, following which it will proceed. The reasons for judgment may be found here.

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