Decision in brief: Go-To Developments Holdings Inc, Enforcement Proceeding, Motion for Adjournment and Confidentiality

Citation and CanLII link

Go-To Developments Holdings Inc (Re), 2023 ONCMT 35

Arbitres
M. Cecilia Williams (chair of the panel), Geoffrey D. Creighton and Dale R. Ponder
Date des motifs:
Numéro de dossier:
2022-8
Type d'audience:
Motion
Candidats / Répondants :
Go-To Developments Holdings Inc., Go-To Spadina Adelaide Square Inc., Furtado Holdings Inc. and Oscar Furtado

In this enforcement proceeding, OSC staff alleges that Oscar Furtado and companies he controls defrauded investors, and that he misled staff when he was questioned during their investigation.

Furtado asked that the Tribunal adjourn (delay) the start of the hearing of the merits of staff’s allegations against him. He says it should be delayed indefinitely because he is unable to prepare for or participate in the hearing due to health issues.

OSC staff says the hearing should not be delayed because Furtado did not provide enough detail about his health issues and whether they would affect his ability to prepare for or participate in the hearing. If the hearing is delayed, then it should not be delayed indefinitely. A new date should be set.

The Tribunal decided that Furtado provided enough medical evidence to show that his health issues justify delaying the start of the hearing, but not indefinitely. The Tribunal delayed the start of the hearing from August 21 to November 3, 2023.

Furtado asked that the hearing of his adjournment request take place in private and any documents containing his health information that were provided to the Tribunal also be kept private.

Staff says that because Furtado’s adjournment request is based on his health issues, the adjournment hearing should take place in public and the details of his health issues should not be kept private. Staff says that the general rule that hearings should be open to the public is more important than protecting Furtado’s privacy.

The Tribunal heard Furtado’s adjournment request in private, but decided to keep private only those parts of the transcript (written record of what was said at the hearing) and the documents provided to the Tribunal, which contain specific details of Furtado’s health issues. Since Furtado’s health is the reason for his adjournment request, there needs to be enough information that is not private so that the public can understand the Tribunal’s decision.

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