Order: In the Matter of Go-To Developments Holdings Inc. et al.



File No. 2022-8


M. Cecilia Williams (chair of the panel)
Geoffrey D. Creighton
Dale R. Ponder

June 22, 2023



WHEREAS on June 2, 2023, the Capital Markets Tribunal held a hearing by videoconference to consider a motion by Oscar Furtado to (i) adjourn the witness summary motion brought by Staff of the Commission (Staff’s Motion); (ii) adjourn the merits hearing; and (iii) order that certain evidence-in-chief be filed by affidavit;

ON READING the Notice of Motion, and motion records and written submissions of each of Furtado and Staff, and on hearing the submissions of the representatives for Furtado, Staff, and the receiver of Go-To Developments Holdings Inc., Go-To Spadina Adelaide Square Inc., and Furtado Holdings Inc.; and

ON CONSIDERING that Staff and Furtado agree that the evidence-in-chief at the merits hearing of Stephanie Collins, Senior Forensic Accountant of the Ontario Securities Commission, and of Furtado, if any, will be introduced by affidavit, and that they have agreed on the schedule for the exchange of the affidavits;

IT IS ORDERED, for reasons to follow, that:

  1. the previously scheduled merits hearing dates of August 21, 22, 24, 25, 28, 29, 30 and 31 are vacated, and that the merits hearing shall commence on November 2 and continue on November 3, 6 and 7, 2023, by videoconference, at 10:00 a.m. on each day, or on such other dates and times as may be agreed to by the parties and set by the Governance & Tribunal Secretariat;
  2. by 4:30 p.m. on July 6, 2023, the parties shall provide the Registrar with either an agreed upon schedule or their respective submissions regarding the appropriate schedule for:
    1. the final interlocutory attendance in this matter;
    2. the service of each party’s hearing brief for the merits hearing containing copies of the documents, and identifying the other things, that the party intends to produce or enter as evidence at the merits hearing;
    3. the service of each party’s completed copy of the E‑hearing Checklist for the merits hearing;
    4. the delivery to the Registrar of the electronic documents that each party intends to rely on or enter into evidence at the merits hearing, along with an index file containing hyperlinks to the documents in the hearing brief, in accordance with the Protocol for E-hearings; and
    5. any additional dates required for the merits hearing;
  3. Staff’s Motion will be heard in writing;
  4. the respondents shall deliver their memorandum of fact and law and book of authorities regarding Staff’s Motion, by no later than 4:30 p.m. on July 6, 2023; and
  5. Staff shall deliver their reply memorandum of fact and law and book of authorities regarding Staff’s Motion, if any, by no later than 4:30 p.m. on July 13, 2023.
“M. Cecilia Williams”
M. Cecilia Williams
“Geoffrey D. Creighton”
Geoffrey D. Creighton
“Dale R. Ponder”
Dale R. Ponder