A B.C. appeal court has denied leave to appeal a decision by the B.C. Securities Commission (BCSC), which refused to stay enforcement proceedings against four persons.

In Sihota v. British Columbia Securities Commission, 2013 BCCA 473, the Court of Appeal for B.C. denied an application for leave to appeal from Manjit Singh Sihota, Perminder Sihota, Thalbinder Singh Poonian and Shailu Sharon Poonian.

According to the decision, the four sought leave to appeal an order of the BCSC, which dismissed their applications for a stay of proceedings against them on the grounds of the appearance of bias. They also asked the court to stay the BCSC proceedings against them, if leave to appeal was granted.

The applicants are facing allegations that they violated securities rules by manipulating the shares of a company listed on the TSX Venture Exchange. A 30-day hearing into those allegations was to begin on October 28. Those allegations have not been proven.

In the meantime, the applicants sought a stay of the case amid allegations of the appearance of bias by the commission. A BCSC panel denied that application, ruling that there was “no reasonable apprehension of bias”; and that it’s in the public interest for the hearing to proceed.

The court decision states that the applicants argued that the panel erred in admitting certain evidence; erred in its conclusion that there was not a reasonable apprehension of bias; and, that it failed to address their primary argument that the commission’s independence had been compromised.

However, the court was not persuaded to intervene with an ongoing proceeding. It said that while the issues on the proposed appeal “raise questions of some importance to proceedings before the securities commission generally”, that the issues would not be considered of “utmost importance”.

“I question where any clear benefit would be derived from the appeals,” stated Judge David Tysoe. “Even if this court were to conclude that there was a reasonable apprehension of bias or that the commission’s independence was compromised, it seems to me there is considerable doubt that a permanent stay of the proceedings against the applicants would be considered to be the appropriate remedy in the circumstances of this case.”

The decision notes that if the BCSC case against the four applicants succeeds, they could then pursue their appeal.