November 10, 2020
British Columbia (Attorney General) v BridgeMark Financial Corp 2020 BCSC 1704
Para 2: Justin Edgar Liu and Lukor Capital Corp. apply for an order sealing two documents the Securities Commission has advised it intends to file as part of the record (the “Costin Memos”), making them accessible only to counsel of record, parties of record, or by further order of this Court (the “Sealing Order Application”).
Para 2: …In order to persuade the court to exercise its discretion in favour of making such an order, an applicant must satisfy the two-part test set out by the Supreme Court of Canada in Sierra Club of Canada v. Canada (Minister of Finance), 2002 SCC 41
Para 18: After considering the evidence before me, the material filed and the submissions made, I conclude the applicants have failed to discharge their burden under the first stage of the Sierra Club test to establish there is an important commercial interest at risk. As a result of my conclusion, it is not necessary for me to address whether reasonable alternatives to a sealing order are available, or to undertake the proportionality analysis called for under the second stage of the Sierra Club test, and I decline to do so.