Decision in brief: Bridging Finance Inc., Enforcement Proceeding, Motion to vary the schedule for closing submissions and removal of counsel, May 17, 2024

In this enforcement proceeding, the Commission alleges that David and Natasha Sharpe and the other respondents committed fraud.

After hearing the evidence at the merits hearing, the Tribunal set a timetable for the parties to make closing submissions.

One of the respondents, Natasha Sharpe, asked for more time to make closing submissions so that she can arrange to have her lawyers’ outstanding fees paid.

If she is not allowed more time, her lawyers, Lenczner Slaght LLP, ask to no longer represent her.

The Tribunal decided that, in this case, her lawyers’ outstanding fees did not meet the test of “exceptional circumstances” required to delay the completion of the merits hearing. Ms. Sharpe’s assets are frozen by court order. Despite knowing that and, since December 2022, knowing that the court-appointed receiver would not pay her legal fees out of any money traceable to Bridging, Ms. Sharpe did not ask for the court’s permission for the payment of her legal fees in a timely manner. She only sought relief before the court in April 2024.

The Tribunal decided that Lenczner Slaght LLP must continue to represent Natasha. It is not feasible for Ms. Sharpe to represent herself or to obtain other lawyers at this late stage of the merits hearing, without causing significant disruption and delay. Allowing the completion of the merits hearing to be delayed indefinitely would not be in the interest of the administration of justice.