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

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

 File No. 2019-22

Timothy Moseley, Vice-Chair, and Chair of the Panel 
Lawrence P. Haber, Commissioner
Mary Anne De Monte-Whelan, Commissioner

December 16, 2021

ORDER

WHEREAS the Ontario Securities Commission held a hearing in writing to consider a motion brought by Staff of the Commission:

1. to dismiss a motion brought by Nayeem Alli for, among other things, a stay of this proceeding against him (the Stay Motion), and
2.  to strike certain portions of:
   1. Alli’s closing written submissions dated June 28, 2021, filed following the hearing on the merits in this proceeding (the Alli Submissions); and
   2. Alli’s affidavit sworn on November 7, 2021, on the Stay Motion (the Alli Affidavit);

ON READING the materials filed by the parties and correspondence from Staff and from Alli;

IT IS ORDERED, for reasons to follow, that:

1. Staff’s motion is granted, and the Stay Motion is dismissed;
2. pursuant to s. 2(2) of the Tribunal Adjudicative Records Act, 2019, SO 2019, c 7, Sch 60 and Rule 22(4) of the Commission’s Rules of Procedure and Forms, (2019) 42 OSCB 9714:
   1. paragraphs (a), (b) and (c) and footnote 1 on page 4 of the Alli Submissions are struck; and
   2. paragraphs 2, 6, 8, 14, 15, 16, 17(2), 17(4), 17(5), 17(6), 17(7), 19, 20 and 22 and Exhibits C, E, F, G, H, I and J of the Alli Affidavit are struck;
3. Staff shall file a revised version of the Alli Affidavit, redacted in accordance with paragraph 2(b) of this order, by 4:30pm on January 14, 2022; and
4. only the redacted version of the Alli Submissions, previously filed, and the redacted version of the Alli Affidavit shall be available to the public.