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.
[1] 2024 ONCMT 32 [TeknoScan].
[2] 2025 ONSC 6214 (Div Ct) [Hogg].
