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Adjudicator recused herself from merits panel due to social relationship with key witness.
The Ontario Securities Commission brought a motion requesting that the adjudicator recuse herself from the merits panel due to a reasonable apprehension of bias.
The adjudicator had a social relationship with a key witness for the Commission, having previously worked with the witness's spouse and attended their wedding.
The respondents opposed the motion, arguing that the capital markets community is small and such connections are common.
The adjudicator granted the motion and recused herself, finding that a reasonable person would conclude the social relationship could influence her assessment of the witness's credibility.
Motion for further disclosure and particulars in ESG enforcement proceeding dismissed.
In an enforcement proceeding alleging false sales communications regarding ESG factors, the respondent Som Seif brought a motion for further disclosure and particulars.
The Capital Markets Tribunal dismissed the motion for disclosure, finding the requested correspondence with other fund managers and internal Commission documents irrelevant to the allegations.
The Tribunal also declined to order the Commission to produce a privilege log.
The motion for particulars was dismissed after the Commission undertook to clarify which specific statements Seif allegedly reviewed, edited, or provided quotes for, with the Tribunal finding the remaining allegations sufficiently particularized.
Child ordered released from secure treatment as facility failed to prove she had a mental disorder.
The applicant, a 12-year-old child, applied to the Child and Family Services Review Board to review her emergency admission to a secure treatment program.
The respondent facility argued that the admission was justified due to the child's history of behavioural difficulties and threats of self-harm.
The Board found that the respondent failed to establish that the child had a mental disorder at the time of admission, as required by subsection 171(2) of the Child, Youth and Family Services Act.
The evidence provided was largely historical, hearsay, or from professionals who had not assessed the child at the time of admission.
Consequently, the Board granted the application and ordered the child's release.
Application for non-earner benefits dismissed as impairments were attributed to a prior accident and assault.
The applicant was struck by a police vehicle while walking in a parking lot and sought non-earner benefits and medical benefits under the Statutory Accident Benefits Schedule.
The insurer denied the claims, arguing the applicant's impairments stemmed from a prior 2010 motor vehicle accident and a physical assault that occurred immediately before the 2011 accident.
The arbitrator found that the applicant failed to establish that the 2011 accident caused an impairment that continuously prevented him from engaging in substantially all of his pre-accident activities.
The arbitrator noted the applicant's expert admitted his diagnosis might have changed had he known about the applicant's prior chronic pain.
The application for benefits and a special award was dismissed.
