The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 2 Apr 1941, p. 2

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SECURITIES BILL WOULD PERMIT COURT APPEALS Right of appeal from decisions of the Securities Commission, a right that has been denied in law and practice under the Securities Act since the commission was first form-- ed in 1930, is granted by an amend-- ment to the act introduced yester-- day in the Legislature by Attorney-- General Conant. The Attorney--General in explana-- tion asserted that the bill was one of the most important pieces of legislation of the entire session and clears away that section of the pres-- ent act which rules "no order of the commission shall be subject to re-- view in any way in any court." The amendment proposes to set up a Board of Review to which any "direction, decision, order or ruling regarding a license or affecting the right of any person to trade in se-- curities" may be appealed. Further, in event an appellant is not satis-- fied with the ruling of the Board of Review, he may take his claim to the Court of Appeal for Ontario. The bill proposes that the Board of Review shall consist of the Mas-- ter of the Supreme Court, who will be chairman, the judge of the Min-- ing Court and the Deputy Minister of Mines. _ Conservative Leader Drew, first to occupy the post of Securities Commissioner, queried the At-- torney--General as to why provisicn is being made for a Board of Re-- view rather than permit direct ap-- peals to the court. Mr. Conant ex-- pressed confidence that nine out of ten disputed decisions could be settled by the board, without re-- course to the courts. But in event that the appeal is taken further, the record of the de-- cision and complaint, compiled dur-- ing the board hearing, would facili-- tate, he said, the final hearing be-- fore the Court of Appeal. . Colonel Drew stressed that he was wholly in accord with the principle: of the bill. "I approve any move to give the privilege of appeal from any board," he said, The appeal provisions arise direct-- ly from recommendations of the Legislative Committee inquiry into the administration of justics last summer. The committee recommend-- ied a Board of Review to be com-- posed of a judge of a county or dis-- trict court, a licensed broker not being a member of a stock exchange and the president of the Toronto |Stock Exchange "or some member of the exchange nominated by the president and apg'l.:)ved by the At-- ue . uL secc N h w Sect umm mm ae n ahes . "3:"6ey-0enenl." The recommenda-- \tion did not call for a final appeal \to the Court of Appeal. Ask House to Change Clause Forbidding Any Review of Board Order BASED ON REPORT recommenda-- APRIL committee at the last session, Ian Strachan, KC, Liberal Whip and member for Toronto St. George, pressed the Government to provide for appeal rights on decisions of the Securities Commission and other boards with similar absolute powers. "The amendments are in line with my own principles and policies that a citizen should have A right to have his rights determined by the courts whenever it is at all possible and whenever it does not too drasti-- cally delay or impair administra-- t+ian " said Mr. Conant. a citizen should hav have his rights deter courts whenever it is and whenever it does cally delay or impa tion," said Mr. Conar Prior to the appointmcnt of the Approve Hamilton Botanical Garden On the 100th anniversary of the date that the Royal Botani-- cal Gardens, Kew, London, be-- came a national institution and was opened as such, the City of Hamilton _ yesterday _ secured third reading to a bill validating the formation of the Royal Bo-- tanical Gardens of that city. Hon. T. B. McQuesten, High-- ways and Municipal Affairs Minister and member for Hamil-- ton--Wentworth, brought the co-- incidence to the attention of the Legislature. The bill, which sets up a board of ten to administer the gardens, was sponsored by John Newlands, HMHamilton Centre. HONOR NIXON ON BIRTHDAY Provincial Secretary H. C. Nixon, the "Cabinet Kid" of 1919, when he first filled the post in the Drury regime, was congratulated yester-- day in the Legislature by the entire House in honor of his fiftieth birth-- dav. Premier Hepburn first expressed his congratulations, and also con-- gratulated Mines Minister Robert Laurier who was 49 yesterday. "I cannot let the opportunity pass to thank the members for remem-- bering one April Fool in the House," Mr. Nixon said. He said his twenty-- two years in the House was split 11--11 in time served with the Gov-- ernment and Opposition sides, and he was certain that Hon. George S. Henry would agree with him that sitting in the Opposition, with full freedom to criticize, had certain compensations over -- Government service with the responsibility of forming policies "which might or might not work out." "In appreciation of my birthday, twenty--three years ago my eldest son selected the same day to l:ge born," continued Mr. Nixon. "He is now in an east coast pool with the air force as a sergeant--instructor, and ready to play his part in the Battle of England and if Providence brings him back safely, that would be a great gift indeed." Tells Legislature His Son Also Born April 1 IN CABINET IN 1919

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