Proceedings

PDF Version

PDF Version



IN THE MATTER OF THE SECURITIES ACT,
RSO 1990, c S.5

- AND -

IN THE MATTER OF HECLA MINING COMPANY

- AND -

IN THE MATTER OF DOLLY VARDEN SILVER CORPORATION

ORDER
(Subsection 9(1)(b) of the Statutory Powers Procedure Act, RSO 1990, c S.22 and Rule 5.2 of the OSC Rules of Procedure (2014), 37 OSCB 4168)



WHEREAS:

  1. on July 20 and 21, 2016, the Ontario Securities Commission (the “OSC”) held a simultaneous hearing in conjunction with the British Columbia Securities Commission (the “BCSC”) to consider applications by Hecla Mining Company (“Hecla”) and Dolly Varden Silver Corporation (“Dolly Varden”) filed with both the OSC and BCSC;
  2. during the course of the simultaneous hearing, Hecla and Dolly Varden requested that certain documents remain confidential and the OSC and BCSC Panels requested that the parties file written submissions on the issue of confidentiality by July 27, 2016;
  3. on July 27, 2016, Dolly Varden filed written submissions on the issue of confidentiality and provided a list of documents for which confidentiality was requested by Dolly Varden and also identified a document which Hecla requested be kept confidential (the “Confidentiality Request”) and Hecla, OSC Staff and BCSC Staff did not object to the Confidentiality Request;
  4. on request of the OSC Panel, on August 5 and 10, 2016, the parties provided further written submissions with respect to redactions of certain documents;
  5. the Panel is of the opinion that in the specific circumstances of the documents identified in this Order, the desirability of protecting commercially sensitive information and personal information outweighs the desirability of public access;

IT IS HEREBY ORDERED:

  1. Pursuant to subsection 9(1)(b) of the Statutory Powers Procedure Act, RSO 1990, c S.22 and Rule 5.2 of the OSC Rules of Procedure (2014), 37 OSCB 4168, that:
    1. commercially sensitive information is redacted from the following documents in Exhibit 2:
      1. Tab “A” of the Affidavit of Dr. Dean W.A. MacDonald sworn July 15, 2016; and
      2. Tab “F” of the Affidavit of Dr. Dean W.A. MacDonald sworn July 15, 2016;
    2. the following document in Exhibit 3 is confidential:
      1. Tab “Z” of the Affidavit of Rosalie Moore sworn July 12, 2016;
    3. personal information is redacted in the following documents in Exhibit 3:
      1. Tab “B” of the Affidavit of Rosalie Moore sworn July 14, 2016;
      2. Tab “C” of the Affidavit of Rosalie Moore sworn July 14, 2016;
      3. Tab “D” of the Affidavit of Rosalie Moore sworn July 14, 2016; and
      4. Tab “B” of the Affidavit of Rosalie Moore sworn July 15, 2016;
    4. commercially sensitive information is redacted in the following documents in Exhibit 3:
      1. Tab “Y” of the Affidavit of Rosalie Moore sworn July 12, 2016;
      2. Tab “H” of the Affidavit of Rosalie Moore sworn July 14, 2016; and
      3. Tab “I” of the Affidavit of Rosalie Moore sworn July 14, 2016.

Dated at Toronto this 17th day of August, 2016.

"D. Grant Vingoe "
D. Grant Vingoe
" Monica Kowal"
Monica Kowal
" Deborah Leckman "
Deborah Leckman