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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
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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].

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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.

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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.

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Janson Fu

About Janson Fu

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

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