OSC REASONS & DECISION ON DISCLOSURE (Feb 9, 2010)
The issue in this matter is whether compelled testimony and evidence obtained from a person who is a respondent in an Ontario Securities Commission (the “Commission”) administrative proceeding, which evidence was obtained for purposes of an investigation by the U.S. Securities and Exchange Commission (the “SEC”), should be disclosed to Co-Respondents (as defined below) in the Commission proceeding notwithstanding an undertaking given by Staff of the Commission (“Staff”) to the respondent.
We have concluded that the compelled testimony and evidence must be disclosed to the Co-Respondents. These are our reasons (See PDF file):
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