Compelled testimony admissible: OSC

first_img Keywords EnforcementCompanies Ontario Securities Commission Mouth mechanic turned market manipulator James Langton A hearing on the motion was held behind closed doors back in September. And, around the same time, the commission settled with one of the most prominent respondents in the case, Goldcorp Inc. chairman, Ian Telfer. (See Investment Executive, Goldcorp chairman settles with OSC, September 20, 2013.) In October, the panel issued an oral ruling on the motion, indicating that excerpts from transcripts of compelled examinations are admissible into evidence in the context of regulatory proceedings. However, it agreed with the respondents in the case, who argued that the best evidence would be direct testimony at the hearing; so, it said that transcripts can be submitted at the end of the hearing for respondents that haven’t chosen to testify. On a cross-motion for confidentiality, the panel also found that all materials and transcripts should remain confidential, but that the panel’s decision should be public. In its reasons, the panel finds that the Securities Act permits OSC staff to produce compelled testimony at a hearing. “We agree that if the legislature had intended to prohibit the use of compelled testimony in section 127 proceedings it would have done so expressly,” it says, adding that the legislature’s silence on that issue “can be taken as deliberate”. “To find otherwise would also prohibit the use of documentary evidence compelled by staff pursuant to section 13 of the Act, which cannot have been the legislative intention given the context of the scheme of the Act in respect of investigations and enforcement,” it notes. It also says that transcripts of the compelled testimony are relevant hearsay and are therefore admissible under procedural rules. “The Act does not make the compelled testimony inadmissible in an administrative hearing and the Act does not expressly limit the extent to or purposes for which the compelled testimony may admitted or used in evidence at an administrative hearing under the Act,” it notes. “Further, we were not satisfied that the other statutes cited by the respondents make the compelled testimony inadmissible in an administrative hearing under the Act or expressly limit the extent to or purposes for which the compelled testimony may be admitted or used in evidence at an administrative hearing under the Act.” The panel acknowledges that it is “mindful of the dangers of hearsay evidence” and notes that the weight this evidence will receive in a hearing will be determined by the panel. In ruling that the testimony should not be entered into evidence until the conclusion of the case, the panel says, “This provides the respondents with an opportunity to consider the evidence tendered by staff before determining whether they will undertake to testify at the merits hearing while also attempting to avoid any unfairness that could result from staff splitting its case.” The Ontario Securities Commission (OSC) today issued its reasons for a decision made earlier this year, where it ruled that compelled testimony and hearsay evidence is admissible in an enforcement hearing. The OSC published its reasons on a motion brought by OSC staff seeking an order to admit excerpts from transcripts of compelled examinations into evidence in its case alleging insider trading and tipping against various industry figures. The allegations have not been proven. Share this article and your comments with peers on social media Related news Facebook LinkedIn Twitter PwC alleges deleted emails, unusual transactions in Bridging Finance case BFI investors plead for firm’s salelast_img read more

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Gov’t looking at fund for unemployed persons

first_imgGov’t looking at fund for unemployed persons ParliamentJune 14, 2011 RelatedGov’t looking at fund for unemployed persons FacebookTwitterWhatsAppEmail KINGSTON — The Government is examining the feasibility of introducing an unemployment insurance scheme. Minister of Labour and Social Security, Hon. Pearnel Charles, speaking in the House of Representatives earlier this week, said that the Government, in its assessment, “has to be cognizant of those other jurisdictions where similar measures were introduced under their social security system, but did not remain viable.” He was contributing to a resolution moved by Member of Parliament of South St. Andrew, Dr. Omar Davies, which called for expansion of the social security system.   Minister Charles said that under the law, the National Insurance Scheme (NIS) has to be operated as a trust fund, as workers’ contributions are compulsorily deducted from their earnings, hence the scheme “cannot be operated in a capricious manner to address all the social ills in the society.” He noted that the Ministry has other welfare programmes, separate and apart from the NIS that persons, who need such assistance, can access. He cited the Programme for Advancement Through Health and Education (PATH), and economic empowerment initiatives such as the Youth and Employment Training Project; the Youth Empowerment Strategy; and Steps-to-Work. Meanwhile, speaking on a related resolution, which was moved by Member of Parliament for Central Kingston, Rev. Ronald Thwaites, Minister Charles, rebutted the suggestion that the National Insurance Fund (NIF) is underperforming. He said that despite the fact that the NIF, in the last fiscal year, collected $7.4 billion in contributions and paid out $10.8 billion in benefits (a deficit of $3.4 billion) the total value of the fund as of March 31, 2011, was $66.5 billion. “This does not sound like a fund that is underperforming. In fact, we are pleased at the successful gains resulting from the prudent management of the investment programme being pursued by the NIF,” Mr. Charles told members. RelatedGov’t looking at fund for unemployed persons By ALPHEA SAUNDERS, JIS Reporter RelatedGov’t looking at fund for unemployed persons Advertisementslast_img read more

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Housing

first_imgAll inbound active-duty military, regardless of what installation you are assigned to, must report to the government Housing Services Office at the Ord Military Community. Effectively in-processing to this office is key to ensuring that you receive all options for housing. Please call 831-242-7979 prior to seeking housing.Housing in the Monterey area is among the most expensive in the country. Affordable off-installation housing is limited. Rental properties in the Monterey Peninsula area range from about $1,000 to $1,200 for an unfurnished one-bedroom apartment to roughly $2,500 to $3,000 for a three-bedroom house. Most landlords do not accept pets; those who do normally charge $500-plus in additional deposits, plus a monthly charge. Generally, expect to pay the first and last month’s rent up front or a deposit plus the rent. For those looking to buy a home as opposed to renting, the median monthly mortgage for the Monterey County area is approximately $2,100.MILITARY PRIVATIZED HOUSINGThe military privatized housing in the area, known as The Parks at Monterey Bay, is managed by Pinnacle, an American Management Company. There are two main housing offices: one for E-7 through O-6 at 1200 Fechteler Drive (La Mesa Village), Monterey, 831-643-4200 or 866-902-6613; and one for E-1 through O-4 at 826 Corregidor Road (Moore’s Landing, Ord Military Community), Seaside, 831-392-0740 or 866-598-2655. Visit www.parksatmonterey.com for both locations.The Parks at Monterey Bay housing neighborhoods are near the Naval Postgraduate School, Fleet Numerical Meteorology and Oceanographic Center, the Defense Language Institute Foreign Language Center and the Coast Guard stations in Seaside and Monterey. These military housing neighborhoods are managed by Pinnacle. Many homes have ocean views, and all aim to take advantage of the amenities available both within and outside the military neighborhoods. Golf courses, the Monterey Bay Aquarium, beaches, excellent restaurants and access to outdoor recreational activities are all nearby. The newest housing area at Ord Military Community is directly across the street from the commissary and post exchange.The Parks at Monterey Bay welcomes all eligible military personnel, both accompanied and unaccompanied. Families and singles can choose from more than 2,200 homes.For DOD civilians, housing is available through Moore’s Landing, at 826 Corregidor Road (Ord Military Community, formerly Fort Ord), Seaside. Visit www.mooreslandinghomes.com or call 831-939-1101 or 866-902-6552.Amenities included with living at The Parks of Monterey Bay:• Utilities included (electricity, gas, water and garbage). New and renovated homes (gas and electric) calculated using an average baseline.• Maintenance staff available to help residents 24/7.• Access to fitness facilities and pools.• Tennis courts within The Parks.• Four community centers available to reserve for parties, get-togethers and fun events.• Many playgrounds and tot lots throughout The Parks.• Renters insurance included.• Two beautification centers within The Parks with lawn equipment for checkout.• Pet-friendly community allowing each resident to have pets (some breeds are prohibited, and there are some requirements on how many pets). No pet deposits.• Full-size washer and dryer hookups.• Jogging trail.DIRECTIONSTo get to the La Mesa Housing Office, take Highway 1 south to the Monterey exit, Exit 401. At the first traffic light, turn left onto Aguajito Road. Proceed through the next light and go past the Monterey County Court House. Turn right onto Farragut Road at the sign for La Mesa Village. Turn left onto Spurance Road and make the first left to Fechteler Road. The office is on the left and parking is just past the office off Moreell Circle.To get to The Parks at Monterey Bay in Ord Military Community, take General Jim Moore Boulevard South to Normandy Road. Turn right on Normandy Road. Continue to Monterey Road. Turn left on Monterey Road. The office is on the corner of Monterey Road and Corregidor Road.MILITARY HOUSING NEIGHBORHOODSORD MILITARY COMMUNITYOrd Military Community is off scenic Highway 1 with easy access to the Defense Language Institute and the Naval Postgraduate School.Within the community:• Commissary, AAFES PX and AAFES PX gas station.• Marshall Elementary and Seaside Middle School.• Child Development Center and Porter Youth Center.• General Stilwell Community Center.• Army Community Services.• Military Veterinary Clinic.• Chapel with Catholic Mass and Protestant services.• Golf courses (offering special rates to military members).• Beautification center (lawn).• Soccer fields and basketball and tennis courts.• Neighborhood center for special events.• Presidio of Monterey police and fire departments.• Pool and fitness center.• Super Park.LA MESA VILLAGELa Mesa Village is in beautiful Monterey within walking distance of the Naval Postgraduate School.Within the community:• La Mesa Elementary School.• Child Development Center.• Teen Connection Center.• Navy Exchange Mini-Mart.• Navy Lodge.• Fleet & Family Services.• Beautification center (lawn).• Community center, indoor pool, fitness center and large meeting areas available for special events.PRESIDIO OF MONTEREYPresidio of Monterey has 37 historical houses that are primarily reserved for key and essential personnel. This housing is within walking distance to most classrooms and administrative buildings of the DLIFLC.Within the community:• DLIFLC.• Library.• Fitness center and running track.• PX Troop Store and snack bar.• Post office.• Three Java Cafes.• Einstein Bros. Bagels.Please note that all amenities provided by The Parks at Monterey Bay are available to all active-duty military residents and their families. If you choose to reside at the Ord Military Community, you may also use the facilities offered at La Mesa.TEMPORARY LODGINGNAVY LODGE MONTEREYNavy Lodge Monterey is the perfect place for guests of military members to stay. Navy Lodge Monterey offers a great value with spacious guest rooms, family suites, fully equipped kitchens, free Wi-Fi and many other amenities. It also provides complimentary breakfast, a weekly manager reception and premier guest service.Navy Lodge Monterey is within walking distance of the Housing Welcome Center, La Mesa Elementary School, NEX Mini-Mart and Family Service Center. It is also a short drive to the Navy Post Graduate School, Navy Exchange, MWR Fitness & Sports Center, Presidio of Monterey and Monterey U.S. Coast Guard Station.As an added convenience, pets are welcome at Navy Lodge Monterey. Please contact the Navy Lodge regarding pet policies. The authorized patron of the Navy Lodge will need to be present to check in the guest.To make a reservation for Navy Lodge Monterey, call 831-372-6133 or toll free at 800-628-9466 or log on to https://navy-lodge.com.ARMY LODGEThe former Presidio of Monterey Army Lodge is operated by International Hotel Group in the same location, Buildings 366 and 367 at 466 Cabrillo St. The new phone number is 877-711-8326 or 831-645-1199. Check out the website at www.ihg.com.last_img read more

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Friday Roundup – Bicycle Bits & Pieces

first_imgEric Carter and PCA will kick off the Southern California Enduro Series in February and will span four events through June, 2013. Races will run at Glen Halen, Two Trees (shown in video) and Black Mountain. Check out the deets at RacePCA.com.Registration is open for the March 3rd Killer 3 Mountain Bike Race in Sumter, SC. This race is the kickoff for the Maxxis Southern Classic Mountain Bike Race Series and is the first of 3 races that will constitute the SC State Mountain Bike Championships.Supplemental Bicycle Accident Insurance is now available for cyclists in the event of critical injury or death. See here for more information.Chrome has announced their Streets Of Chrome photography contest “to find the world’s next great street photographer.”The September 27-29 SoNew Cyclone event is seeking sponsorship. Video of the 90 mile Newport, RI, to Mystic, CT, route here.After having his bike stolen and spending too much time checking various websites to see if the thief was trying to sell it online, UK-based John Moss developed two websites to make it easer for everyone else to find their stolen bikes: Stolen Bikes In The UK – to register your stolen bike, and Find That Bike – an aggregator that lists all the bikes currently for sale on Ebay and Gumtree.last_img read more

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WaterOne to start work near 60th and Mission early Sunday, interrupting service to small number of homes

first_imgA small group of Fairway homeowners and business near the intersection of 60th Street and Mission Road will have water service interrupted Sunday morning as crews from WaterOne work on a pipeline that crossed under the road.Fairway Police Chief Mike Fleming alerted city residents in an email Thursday that the water utility would begin work as early at 7 a.m. on Sunday, two hours earlier than is normally permitted by city code.“[T]he impact on public health and safety requires and allows the exemption in this case,” Fleming wrote. “To minimize excess noise on Sunday morning WaterOne has assured the City that any work involving heavy machinery that can be completed ahead of time will be taken care of during normal hours by Friday April 15th.”WaterOne has been working to directly notify customers whose water service will be affected during the work Sunday. The work is scheduled to be completed by 10 a.m.last_img read more

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English Premier League table

first_imgEnglish Premier League table after Saturday’s early match (played, won, drawn, lost, goals for, goals against, points)1 Leicester City 29602 Tottenham Hotspur 29553 Arsenal 29524 Manchester City 29515 West Ham United 29496 Manchester United 29477 Southampton 30448 Liverpool 28449 Stoke City 304310 Chelsea 294011 West Bromwich Albion 293912 Everton 283813 AFC Bournemouth 303814 Watford 293715 Crystal Palace 293316 Swansea City 303317 Sunderland 292518 Norwich City 302519 Newcastle United 282420 Aston Villa 2916last_img

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Murkowski Meets Garland, Declines Hearing

first_imgMurkowski says she still agrees with that position. FacebookTwitterEmailPrintFriendly分享U.S. Senator Lisa Murkowski is walking the party line, refusing a hearing for President Obama’s Supreme Court nominee, but her office says the senator did meet with Judge Merrick Garland. Prior to that meeting, Garland spent time with Senate Judiciary Chairman Church Grassley, who insists the body will not hold a confirmation hearing until a new president is elected. Senate Majority Leader Mitch McConnell… McConnell: “The fundamental point here we’ve made over and over and over again is who ought to make the appointment and 52 senators have said they believe the next president ought to make this appointment.” Murkowski and Garland spent 30 minutes on Tuesday discussing laws with a direct impact on the 49th state. The senator’s office says she highlighted a recent Supreme Court decision n favor of an Alaskan hunter who uses a hovercraft to access state lands.last_img read more

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LEADING OFF: Yanks-O’s open patchwork series; Marlins off

first_img WATCH US LIVE A look at what’s happening around the majors WednesdayON THE FLYThe Yankees will open a two-game series in Baltimore after their scheduled games this week in Philadelphia were postponed due to the Marlins’ coronavirus outbreak. The switch was announced Tuesday afternoon, and the Yankees had already begun driving their equipment back to New York when they got word that Major League Baseball might instead send them to Baltimore this week.“We’re drinking out of a fire hose on all this stuff right now,” Yankees general manager Brian Cashman said.The Marlins’ season has been suspended through Sunday after the club registered at least 15 players with positive coronavirus tests.The Phillies, who hosted Miami on Sunday, have ramped up their testing and not found any positive players. Despite that, Philadelphia’s season is on pause until at least Friday, when the Phillies are set to host the Blue Jays in what’s technically a “home” game for displaced Toronto.NOT-QUITE-HOME OPENERThe Blue Jays play their first “home” game of the season in Washington after officially being the visitors in DC for games Monday and Tuesday. Toronto has been displaced because the Canadian government didn’t want players traveling in and out of the country, and the club’s temporary home at Triple-A Buffalo needs more work before it meets major league standards.“The truth is, there’s no place like home,” Blue Jays manager Charlie Montoyo said. “We feel comfortable playing at home, but that’s not going to happen.”Nationals ace Max Scherzer is set to face Blue Jays right-hander Nate Pearson, making his major league debut. Pearson is considered one of the top pitching prospects in baseball.BAKED INHouston picked up the 2021 option on manager Dusty Baker’s contract Tuesday four games into his Astros tenure. The 71-year-old Baker was hired in January to replace AJ Hinch, who was fired by the team after being suspended by MLB for his role in Houston’s sign-stealing scandal.“I’ve been a lame-duck manager probably four or five times,” Baker said. “I was one of the lamest ducks walking around. So it feels pretty good not to be a lame duck, and this is the best that I’ve been treated in quite a while.”MILES AWAYSt. Louis Cardinals right-hander Miles Mikolas will have season-ending surgery to repair a tendon in his strained right forearm, creating an opening in the rotation that will be plugged Wednesday by right-hander Daniel Ponce de Leon in Minnesota. Over the past two seasons since signing out of the Korean Baseball Organization, Mikolas was 27-18 with a 3.46 ERA over 64 starts. He tied for the NL lead with 18 wins in 2018.Image credits: AP SUBSCRIBE TO US Last Updated: 29th July, 2020 07:16 IST LEADING OFF: Yanks-O’s Open Patchwork Series; Marlins Off The Yankees will open a two-game series in Baltimore after their scheduled games this week in Philadelphia were postponed due to the Marlins’ coronavirus outbreak Written By COMMENTcenter_img LIVE TV First Published: 29th July, 2020 07:16 IST Associated Press Television News FOLLOW USlast_img read more

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