Order: In the Matter of First Global Data Ltd. et al.
IN THE MATTER OF
FIRST GLOBAL DATA LTD., GLOBAL BIOENERGY RESOURCES INC., NAYEEM ALLI, MAURICE AZIZ, HARISH BAJAJ, and ANDRE ITWARU
Timothy Moseley, Vice-Chair and Chair of the Panel
File No. 2019-22
September 28, 2020
(Section 152 of the Securities Act)
WHEREAS the Ontario Securities Commission held a hearing in writing to consider a request of Maurice Aziz for an order pursuant to section 152 of the Securities Act, RSO 1990, c S.5 (the Act);
ON READING Mr. Aziz’s Motion Record and on considering that no party opposes the relief sought;
IT IS ORDERED THAT Mr. Aziz may initiate an application to the Ontario Superior Court of Justice pursuant to section 152 of the Act for an Order:
- appointing the members of the panel assigned to the merits hearing in the above-named matter (the Hearing Panel) to take the evidence of Steven Roch, an individual who resides in Laval, Québec, and Michel Faille, an individual who resides in Montreal, Québec for use in the merits hearing before the Commission;
- providing for the issuance of a letter of request directed to the judicial authorities of the Province of Québec, requesting the issuing of such process as is necessary to compel Steven Roch and Michel Faille to attend and give testimony before the Hearing Panel by video link and audio link, on oath or otherwise, in the merits hearing before the Commission;
- providing that the testimony of Steven Roch and Michel Faille shall take place by videoconference at such location(s) as may be advised by Mr. Aziz upon reasonable notice, so that the Hearing Panel, sitting in Toronto, is able to observe and participate by video link and audio link and make any required evidentiary rulings;
- providing that Steven Roch and Michel Faille shall give their testimony during the merits hearing before the Commission, commencing on October 5, 2020 at 10:00 a.m. Eastern Time or on such other dates and times thereafter as Mr. Aziz may advise upon reasonable notice;
- prescribing that the procedural and evidentiary rules of Ontario will apply to the examinations of Steven Roch and Michel Faille to the extent permissible by the laws of Québec; and
- providing for the payment by the Commission of the greater of any witness fees and travel expenses as may be required by the laws of Ontario and by the laws of Québec, as applicable.
" Timothy Moseley” "