Joseph P. Groia

Staff of the Ontario Securities Commission sought to extend a temporary order suspending the respondent's registration and cease trading his securities pending a hearing on the merits.

The respondent did not oppose the registration suspension but sought to vary the cease trade order to allow trading in NASDAQ and over-the-counter markets.

The Commission found that the existing permissible trading areas covered a substantial proportion of North American securities and declined to expand them.

The temporary order was extended on its existing terms until July 31, 2004, or the commencement of the hearing.

The prosecution appealed the dismissal of its application for prohibition and certiorari to halt a securities prosecution.

The prosecution alleged the trial judge lost jurisdiction by interfering with its case presentation, failing to rule on evidence admissibility, and failing to restrain uncivil attacks by defence counsel.

The Court of Appeal dismissed the appeal, holding that the trial judge has inherent trial management power to direct the order of evidence and defer evidentiary rulings.

While defence counsel's conduct was uncivil and improper, the trial judge's response did not deprive him of jurisdiction or prevent a fair trial.