OSC Orders Hearing To Proceed By Videoconference Over Objections Of Respondents

In striving to keep matters moving in the face of the many challenges presented by the COVID-19 pandemic, the Ontario Securities Commission (the "OSC", or, when referring to the tribunal, the "Commission") has adopted a standard practice of proceeding by way of electronic hearing (either by videoconference or teleconference). In Re First Global Data Ltd, 2020 ONSEC 23, a decision released on September 11, 2020, the Commission made clear that it will not lightly depart from this standard practice.

In First Global, the Commission rejected respondents' requests that their merits hearing – to involve approximately 25 witnesses and span 40 hearing days – be heard in-person rather than by videoconference. In its decision, the Commission emphasized the importance of conducting proceedings expeditiously, even during a pandemic, and made clear that a respondent seeking to avoid proceeding electronically will be required to prove, on persuasive evidence, a likelihood