Order: In the Matter of First Global Data Ltd. et al.

Order

IN THE MATTER OF
FIRST GLOBAL DATA LTD., GLOBAL BIOENERGY RESOURCES INC., NAYEEM ALLI, MAURICE AZIZ, HARISH BAJAJ, and ANDRE ITWARU

Timothy Moseley, Vice-Chair and Chair of the Panel

File No. 2019-22

August 31, 2020

ORDER

(Section 152 of the Securities Act)
 

WHEREAS the Ontario Securities Commission held a hearing in writing to consider a request of Staff of the Commission (Staff) for an order pursuant to section 152 of the Securities Act, RSO 1990, c S.5 (the Act);

ON READING Staff’s Motion Record and on considering that no party opposes the relief sought;

IT IS ORDERED THAT Staff may apply, on behalf of the Commission, to the Ontario Superior Court of Justice pursuant to section 152 of the Act for an Order:

  1. appointing the members of the panel assigned to the merits hearing in this proceeding (the Hearing Panel) to take the evidence of Yan Lauzon, an individual who resides in Varennes, Québec, and Jake Fehr, an individual who resides in Grunthal, Manitoba, for use in the merits hearing before the Commission;
  2. providing for the issuance of a letter of request directed to the judicial authorities of the Province of Québec and the Province of Manitoba, requesting the issuing of such process as is necessary to compel Yan Lauzon and Jake Fehr to attend and give testimony before the Hearing Panel by video link and audio link, on oath or otherwise, in the merits hearing before the Commission;
  3. providing that the testimony of Yan Lauzon shall be taken at the office of the Autorité des marchés financiers, located at 800 square Victoria, 4th Floor, Montréal, Québec, or at such other location in Québec as Staff may advise upon reasonable notice, so that the Hearing Panel, sitting in Toronto, is able to observe and participate by video link and audio link and make any required evidentiary rulings;
  4. providing that the testimony of Jake Fehr shall be taken at the office of the Manitoba Securities Commission, located at 500 - 400 St. Mary Avenue, Winnipeg, Manitoba, or at such other location in Manitoba as Staff may advise upon reasonable notice, so that the Hearing Panel, sitting in Toronto, is able to observe and participate by video link and audio link and make any required evidentiary rulings;
  5. providing that Yan Lauzon and Jake Fehr shall give their testimony during the merits hearing before the Commission, commencing on October 5, 2020 at 10:00 a.m. Eastern Time or on such other dates and times thereafter as Staff may advise upon reasonable notice;
  6. prescribing that the procedural and evidentiary rules of Ontario will apply to the examinations of Yan Lauzon and Jake Fehr to the extent permissible by the laws of Québec and Manitoba; and
  7. providing for the payment by the Commission of the greater of any witness fees and travel expenses as may be required by the laws of Ontario and by the laws of Québec and Manitoba, as applicable.

 

Timothy Moseley "
Timothy Moseley