Summary: Patrick Aaron Dunn appealed an order by the British Columbia Securities Commission (BCSC). The order mandated his resignation as a director/officer of any issuer or registrant and barred him from similar roles for seven years. Dunn sought to argue the order was punitive and not in line with the regulatory purposes of the Securities Act.

Legal Arguments/Issues:

• Punitive Sanctions: Dunn claimed the BCSC imposed a punitive sanction contrary to the regulatory aims of the Securities Act.
• Proportionality: He argued the BCSC failed to consider proportionality, particularly the effect on his company, Viribus Structural Connectors Inc.
• Previous Violations: Dunn had prior violations, including illegal distribution of securities and unregistered trading, which influenced the severity of the sanctions.
• Breach of Settlement: The BCSC found Dunn breached a 2016 settlement order by acting as a de facto director/officer during the prohibition period.
• Deterrence: The BCSC emphasized the need for sanctions to deter Dunn and others from future violations, balancing specific and general deterrence.

Court Decision:

• The Court dismissed Dunn's application for leave to appeal, finding no reasonable prospect of success.
• The Court upheld the BCSC’s order, stating the sanctions were protective and preventative, not punitive.
• The total administrative penalties included $60,000 for Dunn and $10,000 for Viribus.

Conclusion: The Court determined the BCSC's sanctions were appropriate given Dunn’s repeated violations and the need to protect market integrity. Dunn's appeal was dismissed, and the BCSC's decision was upheld.