Decision in brief: TeknoScan Systems Inc, Enforcement Proceeding, Motion for adjournment, February 5, 2024

Citation and CanLII Link
Andrea Burke (chair of the panel) and James Douglas
Date of Reasons:
File Number:
Hearing Type:
Applicants / Respondents:
TeknoScan Systems Inc., H. Samuel Hyams, Philip Kai-Hing Kung and Soon Foo (Martin) Tam

H. Samuel Hyams asked the Tribunal to adjourn (delay) the start of the hearing of the merits of OSC staff’s allegations against him in this enforcement proceeding, from November 2023 to January or February 2024. He says he needs more time to prepare for the hearing.

The other respondents made a similar request, and asked that certain deadlines for providing materials be extended. The other respondents also asked that the parties be required to attend a confidential settlement conference.

OSC staff says that the hearing should only be delayed until December 2023 and the rest of the respondents’ requests should be denied.

The Tribunal decided that Hyams showed there were exceptional circumstances justifying delaying the start of the merits hearing from November 14, 2023, to January 29, 2024. The respondents had been preparing to defend Staff’s allegations as a group, but Hyams is now defending himself on his own and is self-represented.

Although the other respondents did not show that there were exceptional circumstances for them, the adjournment must, as a practical matter, apply to all respondents. Given that the start of the hearing is delayed, the deadlines for providing materials will also be extended.

The Tribunal did not order the parties to participate in a confidential settlement conference. A settlement conference requires the parties to have reached an agreement to settle the proceeding. They have not.

Decisions in brief are prepared by Governance & Tribunal Secretariat staff to help the public better understand Tribunal decisions. They do not form part of the Tribunal’s reasons and are not for use in legal proceedings.