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V-1 - Securities Act
Section 17
Disposition versions
17. Any person or company directly affected by a decision of the Commission may, if the testimony has been recorded and the case is not one contemplated by the last two paragraphs of section 67, appeal from the decision of the Commission to three judges of the Provincial Court, provided that he or it notifies the Commission thereof by registered or certified letter within thirty days after the decision rendered by the Commission.
Such appeal shall be governed by articles 491 and following of the Code of Civil Procedure which shall apply mutatismutandis, except that the appellant must file, in lieu of the joint record, four copies of the motion and of the decision impugned and the parties are not bound to file a factum of their pretensions. The rules of practice of the Court of Appeal in civil matters shall also apply to such appeal and the duties incumbent upon the prothonotary of the Superior Court shall be fulfilled by the secretary. The Commission may appoint an attorney to make such representations as it sees fit upon any appeal under this section.
For the purposes of an appeal, the secretary shall send to the clerk of the Provincial Court a copy of the decision appealed from, the depositions of the witnesses, the exhibits, briefs and other pertinent documents and, where applicable, the decision reviewed or revoked by the Commission.
The three judges of the Provincial Court may confirm, amend or quash the decision of the Commission and render the decision that should have been rendered in first instance.
The decision appealed from shall be executory and shall have full force and effect during the appeal.
The decision of the three judges of the Provincial Court shall be final and without appeal.
Notwithstanding such judgment, the Commission may thereafter render a further decision upon new facts or information, which decision shall also be subject to this section.
