Decision in brief: Bridging Finance Inc, Enforcement Proceeding, Motion for an expedited merits hearing, January 31, 2023
OSC staff alleges that Andrew Mushore and the other respondents committed fraud. Mushore says that he does not have the resources to participate fully in the hearing at which the Tribunal will consider the merits of the allegations. That hearing is scheduled to take 35 days. Mushore asks to separate the part of the hearing that deals with the allegations against him. OSC staff opposes Mushore’s request, as do Natasha and David Sharpe. The receiver for Bridging Finance did not take a position one way or the other.
The Tribunal decided not to grant Mushore’s request. OSC staff’s allegations against Mushore are all wrapped up together with the allegations against the other respondents, and it would be impractical to try to separate the case against Mushore. The Tribunal disagreed with Mushore’s suggestion that there was no controversy about the facts against him. Mushore’s suggestions for how his part of the hearing could be separated did not strike a fair balance between, on the one hand, his interests in reducing the amount of time he or his lawyers would spend at the hearing, and, on the other hand, the interests of the other parties in this proceeding.