Vern Krishna

The respondent, George Schwartz, brought a motion to exclude and seal his compelled evidence, arguing that it was obtained after the predominant purpose of the Commission's investigation became penal, relying on the Supreme Court of Canada's decision in R. v. Jarvis.

The Commission dismissed the motion, finding that the proceeding was administrative under section 127 of the Securities Act, not quasi-criminal under section 122.

The Commission held that compelled evidence is admissible against a respondent in an administrative proceeding, and that the protections against self-incrimination apply to subsequent criminal or quasi-criminal proceedings, not administrative ones.

The request to seal the evidence and hold an in camera hearing was also denied.

The filer applied for exemptive relief from the mutual fund self-dealing restrictions, reporting requirements, and conflicts of interest provisions under the Securities Act and National Instrument 31-103.

The relief was sought to allow the filer's pooled funds to invest in other investment funds managed by the filer or its affiliates.

The Ontario Securities Commission granted the requested relief, subject to conditions including that the top funds are distributed under prospectus exemptions, no duplication of management or sales fees occurs, and appropriate disclosure is provided to investors.

The respondent brought a motion to revoke or vary a previous decision denying an adjournment of the merits hearing, citing medical reasons.

The respondent was represented by an unlicensed agent (a law student).

The Commission first determined that a law student cannot act as an agent in a contested motion before an administrative tribunal under the Law Society Act and LSUC By-Laws.

On the merits of the adjournment motion, the Commission found no new information to justify varying the original decision under section 144 of the Securities Act.

The motion was dismissed, with the Commission noting the significant delay in the proceedings and prejudice to the unitholders and Staff.

The filers, Deutsche Bank AG and DB Commodities Canada Ltd., applied for exemptive relief from the dealer registration and prospectus requirements of the Securities Act for certain over-the-counter (OTC) derivative transactions.

The relief was sought for trades with 'permitted counterparties' as an interim solution to regulatory uncertainty across Canadian jurisdictions.

The Ontario Securities Commission granted the requested relief, subject to conditions including that no credit or margin be provided to counterparties and a sunset provision of up to four years.

The applicant, SQI Diagnostics Inc., applied to the Ontario Securities Commission for a ruling under subsection 74(1) of the Securities Act to exempt the posting of electronic roadshow materials from the prospectus requirement in section 53.

The applicant sought to conduct a cross-border offering and comply with U.S. securities laws, which require unrestricted access to such materials, conflicting with Ontario's waiting period restrictions.

The Commission granted the requested relief, subject to conditions including the provision of a contractual right of action for misrepresentation to Ontario purchasers.

The Filer, Continental Minerals Corporation, applied to the Ontario Securities Commission and other provincial regulators for a decision that it is no longer a reporting issuer.

Following a plan of arrangement, all of the Filer's outstanding common shares were acquired by Jinchuan Group Ltd., and its preferred shares were exchanged for shares of another reporting issuer.

The Filer's securities are beneficially owned by fewer than 15 security holders in each Canadian jurisdiction and fewer than 51 in total in Canada.

The Commission granted the requested exemptive relief, determining that the Filer met the test to cease being a reporting issuer.

The Filer, a foreign reporting issuer listed on the Hong Kong stock exchange, applied for a decision that it is no longer a reporting issuer in Ontario, Alberta, and British Columbia.

The Filer demonstrated that Canadian resident shareholders beneficially own less than 2% of its outstanding securities and represent less than 2% of its total beneficial securityholders.

The Filer has no securities trading on any Canadian market and has not conducted any financing in Canada since August 2008.

The Ontario Securities Commission, as principal regulator, granted the requested exemptive relief, noting the Filer's undertaking to continue providing Canadian shareholders with all disclosure materials required under Hong Kong securities laws.

The complainant, a probationary employee at a meat packing plant, was subjected to a severe racial slur by a federal meat inspector.

In response, the complainant became angry, failed to follow his supervisor's instructions to report further incidents directly, and made threats of physical violence involving his fists and knives.

The employer investigated the incidents and terminated the complainant's employment.

The Board of Inquiry dismissed the human rights complaint, finding that the employer did not condone the racial slur and that the termination was a direct consequence of the complainant's aggressive behaviour, threats of violence, and insubordination, rather than discrimination based on race.