Decision in brief: Miller Bernstein LLP, Application for authorization to use documents, Request for confidentiality, May 10, 2023

In this proceeding, Miller Bernstein LLP is asking for permission from the Tribunal to use documents in a civil proceeding. Miller Bernstein received the documents from OSC staff during OSC staff’s investigation. The documents were provided to OSC staff voluntarily by a person who was not being investigated. 

Miller Bernstein and OSC staff asked that the public not be allowed to watch the hearing of Miller Bernstein’s application. 

The Tribunal decided that the public should be allowed to watch the hearing. Section 16 of the Ontario Securities Act, which says that certain parts of OSC staff’s investigations are confidential, does not apply to the documents because they were provided to OSC staff voluntarily. Because the documents are not confidential, there is no need for the hearing to be closed to the public.