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

Order

IN THE MATTER OF     
GO-TO DEVELOPMENTS HOLDINGS INC., GO-TO SPADINA ADELAIDE SQUARE INC., FURTADO HOLDINGS INC., and OSCAR FURTADO

File No. 2022-8

Adjudicators:

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

October 20, 2023

ORDER

(Rule 22 of the Capital Markets Tribunal Rules of Procedure and Forms and Subsection 2(2) of the Tribunal Adjudicative Records Act, 2019, SO 2019, c 7, Sch 60)

WHEREAS on June 2, 2023, the Capital Markets Tribunal held a hearing by videoconference to consider an adjournment motion by Oscar Furtado, which included a request to keep certain documents in the adjudicative record confidential;

AND WHEREAS a portion of the hearing proceeded on a confidential basis at the request of Furtado, with the issue of what portion, if any, of the corresponding hearing transcript would be kept confidential, to be determined by the Tribunal following submissions in writing from the parties;

ON READING the written submissions of each of Furtado and Staff, and on hearing the submissions of the representatives for Furtado and of Staff;

IT IS ORDERED, that pursuant to s.2(2) of the Tribunal Adjudicative Records Act and Rule 22(4) of the Capital Market Tribunal Rules of Procedure and Forms, the portions of the Adjudicative Record Documents and the June 2, 2023 transcript as attached to this order at “Appendix A” are to be made confidential.

“M. Cecilia Williams” 
M. Cecilia Williams
“Geoffrey D. Creighton” 
Geoffrey D. Creighton
“Dale R. Ponder” 
Dale R. Ponder

 

Appendix A

List of Redactions to the June 2, 2023 Transcript
  • –   Page 7 at line 24 the word between “list of” and “medications”
  • –   Page 7 at lines 26-27 the words between “worsening” and “for which”
  • –   Page 9 at lines 15-16 the words between “he has to” and “in order to”
  • –   Page 10 at lines 17-18 the words from “counsel without” to the end of line 18
  • –   Page 10 at lines 21-22 the words between “he has to” and “It’s not”
  • –   Page 27 at line 25 the words between “Mr. Furtado was” and “at the time”
  • –   Page 51 at line 20 the words between “requiring” and “was there”
  • –   Page 51 at line 24 the words between “know what” and “to”
  • –   Page 51 at lines 26-27 the words between “assert that” and “What are”
  • –   Page 61 the word below “anticipated” in the index
  • –   Page 63 the word below “denied” in the index
  • –   Page 63 the word below “directly” in the index
  • –   Page 66 the two words below “medically” in the index
List of Redactions to Adjudicative Record Documents

Hearing Exhibit 1 – Motion Record of Oscar Furtado

Affidavit of Oscar Furtado, sworn May 10, 2023

  • –   Page 3 in paragraph 10 the words between “time and” and “Accordingly”

Exhibit “E” to Affidavit of Oscar Furtado, sworn May 10, 2023

  • –   Page 36 the four lines of information, including an address, following the date and “Oscar Furtado”
  • –   Page 37 the four lines of information, including an address, following the date and “Oscar Furtado”
  • –   Page 37 everything following item 2
  • –   Page 37 following item 3, the words between “Medical Issues:” and “this is worsening”
  • –   Page 37 following item 3, the words from “1 to 3 months” to the end of the paragraph

Hearing Exhibit 3 – Affidavit of Michelle Spain, affirmed May 17, 2023

Exhibit “F” to Affidavit of Michelle Spain, affirmed May 17, 2023

  • –   Pdf page 57, the three lines of information, including address, following “Re: Oscar Furtado”
  • –   Pdf page 57 in the 12th line of text on the page the words between “This patient was” and “on Thursday”

Exhibit “G” to Affidavit of Michelle Spain, affirmed May 17, 2023

  • –   Pdf page 59 in the second line the words between “continue to test him” and “Please note”
  • –   Pdf page 59 the words between “your client is” and “and estimates”
  • –   Pdf page 61 the three lines of information, including address, following “Re: Oscar Furtado”
  • –   Pdf page 61 the two words between “This patient was” and “on Thursday, May”
  • –   Pdf page 61 all the words following “Additional Notes:”

Exhibit “H” to Affidavit of Michelle Spain, affirmed May 17, 2023

  • –   Pdf page 64 the words between “your client is” and “and estimates”

Exhibit “J” to Affidavit of Michelle Spain, affirmed May 17, 2023

  • –   Pdf page 79 at line 7 the words between “Mr. Furtado was” and “which”
  • –   Pdf page 79 at line 8 the words between “he was” and “that”
  • –   Pdf page 79 at line 19 the words between “letter said” and “I don’t know”

List of Redactions in Oscar Furtado’s Moving Submissions, dated May 25, 2023

  • –   Pdf page 5 at para 17 the words between “attesting to his” and “in their responding record”

List of Redactions in Staff’s Responding Submissions, dated May 30, 2023

  • –   Page 7 para 15 at sub (b) the words from “that he” to the end of the line
  • –   Page 7 para 15 at sub (c) the words between “Medical Issues:” and “this is worsening”
  • –   Page 8 para 15 at sub (c) the words from “1 to 3 months” to the end of the paragraph
  • –   Page 8 para 18 the words between “stating that he was” and “and “suffering”
  • –   Page 15 para 38 everything in the second bullet
  • –   Page 15 para 38 everything in the third bullet
  • –   Page 15 para 38 everything in the fourth bullet