Tariffs-Free Regulatory Importing?
Asad Akhtar
Waheed having access to material information, whereas the allegation of conduct contrary to
public interest mirrored this claim but with one notable exception – material was replaced with
confidential. Given the nuanced interpretation of material as opposed to confidential, this
allegation under the public interest represents is a considerably lower threshold test.
The Commission ruled against the OSC Staff and found that it would be inappropriate to
make a finding in the public interest by applying a lower threshold test for the same offence.33
Additionally, on a separate claim, the court found that one’s breach of contractual duties to a
private party fall outside the scope of the public interest, especially when the other party does not
choose to exercise its contractual remedies.34 This ruling suggests that OSC Staff cannot rely on
the public interest jurisdiction as a secondary punitive tool when an initial claim fails and
exercising a more restrained approach in drawing issues as falling within the public interest.
However, it remains to be seen if this interpretation is shared by the Courts.
33
34
Waheed, at para 484-485, 501.
Waheed, at para 488-489.
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