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

Order

 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.

 

" Timothy Moseley "
Timothy Moseley

" Lawrence P. Haber "
Lawrence P. Haber

" Mary Anne De Monte-Whelan "
Mary Anne De Monte-Whelan