Decision in brief: Valentine, Enforcement Proceeding, Adjournment Motion, October 5, 2023

Citation and CanLII link

Valentine (Re), 2023 ONCMT 33

Adjudicators
Cathy Singer (chair of the panel), Dale R. Ponder, James Douglas
Date of Reasons:
File Number:
2022-7
Hearing Type:
Motion
Applicants / Respondents:
Mark Edward Valentine

In this enforcement proceeding, OSC staff alleges that Mark Valentine breached an order of the Tribunal restricting him from becoming a director or officer of any company and from trading in securities.

About a month before the scheduled hearing to deal with OSC staff’s allegations, OSC staff asked the Tribunal to adjourn (delay) that hearing because the OSC staff lawyer in charge of the file had left the OSC. The new lawyer was not available for the first five days of the hearing.

Valentine did not want to delay the start of the hearing.

The Tribunal decided that a change in lawyers is not an exceptional circumstance that should delay the start of this hearing. A party’s right to have the lawyer of its choice is not unlimited. OSC staff did not consider other options that might have avoided delaying the hearing.

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