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

Adjudicator: M. Cecilia Williams (chair of the panel)

October 19, 2023

ORDER

WHEREAS on October 19, 2023, the Capital Markets Tribunal held a hearing by videoconference to consider a motion by Oscar Furtado to (i) adjourn the merits hearing; (ii) extend certain deadlines previously set in the Order issued July 20, 2023, and Reasons and Decision issued September 7, 2023; and (iii) file part of the motion record confidentially;

ON READING the Notice of Motion and motion record of Furtado, 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 do not oppose the adjournment request, and that the receiver takes no position on the adjournment request; 
 

IT IS ORDERED THAT:

  1. the previously scheduled merits hearing dates of November 3, 6, 7, 8, 10, 13, 14, 15, 16, and 17, 2023 are vacated;
  2. by 4:30 p.m. on January 31, 2024, Furtado shall serve every other party with a hearing brief containing copies of the documents, and identifying other things, that he intends to produce or enter as evidence in the merits hearing;
  3. by 4:30 p.m. on January 31, 2024, Furtado shall deliver a further and better witness summary to all other parties;
  4. by 4:30 p.m. on April 8, 2024, Furtado shall:
    1. advise Staff and the Registrar that he is fit to proceed to the merits hearing as scheduled; or
    2. serve and file any motion requesting accommodations relating to, or seeking a further adjournment of, the merits hearing;
  5. by 4:30 p.m. on June 3, 2024, each party shall provide the Registrar a completed copy of the E-Hearing Checklist;
  6. a final interlocutory attendance in this matter will be heard by videoconference on June 10, 2024 at 10:00 a.m., or on such other date and time as may be agreed to by the parties and set by the Governance & Tribunal Secretariat;
  7. by 4:30 p.m. on July 2, 2024, each party shall provide to the Registrar the electronic documents that the 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;
  8. the merits hearing shall take place at 20 Queen Street West, 17th Floor, Toronto, Ontario, commencing on July 8, 2024, and continuing on July 9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 24, 25, 26, 2024, at 10 a.m. each day, or on such other dates and times as may be agreed to by the parties and set by the Governance & Tribunal Secretariat; and
  9. pursuant to subsection 2(2) of the Tribunal Adjudicative Records Act, 2019 and Rule 22(4) of the Capital Markets Tribunal Rules of Procedure and Forms, Exhibit 1, the Confidential Motion Record of Oscar Furtado, shall be kept confidential and only Exhibit 2, the Redacted Motion Record of Oscar Furtado, shall be available to the public.

 

“M. Cecilia Williams” 
M. Cecilia Williams