Law360 Canada ( July 8, 2025, 1:29 PM EDT) -- Appeal by Lamarche from chambers judge’s decision granting application brought by British Columbia Securities and Exchange Commission (Commission) to stay and strike portions of Notice of Civil Claim (NOCC) filed by Lamarche. The Commission issued a Notice of Hearing to Lamarche, which alleged that he engaged in unregistered trading and advising contrary to the Securities Act (Act). Lamarche subsequently learned, through the Commission’s disclosure, that it requested and obtained his email records from Shaw Communications Inc. (Shaw), pursuant to s. 144 of the Act, without measures to protect solicitor-client privilege. Lamarche brought claims against the Commission, alleging breaches of the Canadian Charter of Rights and Freedoms (Charter) and breaches of the Privacy Act. The chambers judge stayed the constitutional claims and struck the Privacy Act claims. The issues on appeal were the following: whether the judge erred in identifying and applying the test for declining jurisdiction over the constitutional claims; whether the judge erred in applying the factors from Chu case to stay the constitutional claims; and whether the judge erred in striking Lamarche’s claims under the Privacy Act....