Skip to content

Brought to you by

Dentons logo in black and white

Dentons Canada Regulatory Review

The latest information and developments on regulatory law across Canada.

open menu close menu

Dentons Canada Regulatory Review

  • Home
  • About Us
  • Dentons COVID-19 hub

Back to regularly scheduled programming: The Divisional Court confirms that compelled testimony against an individual is admissible in Capital Markets Tribunal hearings

By Raphael Eghan, Brandon Barnes Trickett, and Janson Fu
November 27, 2025
  • Administrative Law
  • Litigation and Dispute Resolution
  • Regulatory
  • Securities
Share on Facebook Share on Twitter Share via email Share on LinkedIn

The Ontario Securities Commission Staff (the OSC or Staff) has the power under section 13 of the Securities Act (the Act) to compel witnesses to attend interviews and testify under oath. Precedent had been set in previous Tribunal decisions that the compelled testimony of a respondent could be entered as evidence by Staff against that respondent in a subsequent enforcement hearing, unrestricted by the protections against self-incrimination under the Ontario Evidence Act. In TeknoScan Systems Inc (Re) (TeknoScan),[1] a panel of the Capital Markets Tribunal (the Tribunal) declined to follow previous precedent, raising uncertainties as to Staff’s continued use of compelled testimony.

Recently, in Hogg v. Chief Executive Officer (Hogg),[2] the Ontario Divisional Court (the Court) resolved the uncertainty created by TeknoScan, holding that a respondent’s compelled testimony during the investigatory process may properly be admitted against the interests of that individual in enforcement proceedings that flow from the investigation.

Read the full article here.


[1] 2024 ONCMT 32 [TeknoScan].

[2] 2025 ONSC 6214 (Div Ct) [Hogg].

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Professional Liability
Raphael Eghan

About Raphael Eghan

Raphael Eghan (He/Him/His) is a partner in the Litigation and Dispute Resolution group and the Co-Leader of the Securities Litigation subgroup. With a reputation for his incisive legal expertise, Raphael has deep experience in investigations and capital markets regulatory proceedings.

All posts Full bio

Brandon Barnes Trickett

About Brandon Barnes Trickett

Brandon Barnes Trickett is a partner in the Litigation and Dispute Resolution and Regulatory groups. Based in the Toronto office, his practice focuses primarily on complex civil litigation, securities and derivatives litigation (including ISDA arbitration), enforcement, and investigations in the financial services and insurance sectors. Brandon has particular experience in contentious market integrity matters, including insider trading, exchange operations, misdealing, and securities fraud. Brandon employs proactive risk mitigation strategies to help grow, protect, operate and finance businesses locally, nationally, and internationally.

All posts Full bio

Janson Fu

About Janson Fu

Janson Fu is an associate in the Litigation and Dispute Resolution group in the Dentons’ Toronto office.

All posts Full bio

RELATED POSTS

  • Climate Change
  • Environmental
  • Regulatory

Bill C-12: Can the federal government get Canada to net-zero emissions by 2050?

By Dina Awad | November 24, 2020
  • Regulatory

What’s in a name? Why your business needs to know about product classification under the Food and Drugs Act

By Yulia Konarski | November 5, 2020
  • Class Action Defense
  • Environmental
  • Litigation and Dispute Resolution

Climate Change litigation in Canada: Recent developments

By Alex MacWilliam, Kelly Osaka, and David P. Konkin | November 8, 2019

About Dentons

Redefining possibilities. Together, everywhere. For more information visit dentons.com

Grow, Protect, Operate, Finance. Dentons, the law firm of the future is here. Copyright 2023 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal notices.

Check out more at Dentons.com

Ontario enacts the <em>Building Homes and Improving Transportation Infrastructure Act, 2026</em> to streamline planning processes and accelerate housing delivery

Canada: This alert provides an overview of key legislative changes arising from the Act and highlights practical implications for developers and municipalities. [...]

Due diligence in Canadian defence and dual-use investment

This insight is a companion to Venture capital opportunities in Canada’s defence sector which addresses the market landscape, government investment vehicles and the strategic opportunity for venture capital in Canadian [...]

Global data privacy and AI case law review – June 2026

Global: Welcome to the June edition of Dentons' global data privacy and AI case law review. This update contains submissions from Dentons colleagues across the world, from the UK and [...]

Categories

Dentons logo in black and white

© 2026 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site