Fraud trial must be in-person: court

An Ontario court has denied permission for a remote trial for a man facing fraud charges from the Ontario Securities Commission (OSC) who has since moved to the U.K.

In early 2025, the OSC charged Ian Ross McSevney with one count of fraud and one count of trading securities without a prospectus in connection with allegations that between May 2015 and May 2021, McSevney raised more than $5 million from investors, promising returns through his company, Altmore Mortgage Investment Corp. 

The allegations have not been proven.

Since he was charged, McSevney — who previously lived in the Ancaster, Ont., area, but has relocated in the U.K. — brought a motion to the Ontario Court of Justice, seeking permission to conduct the trial remotely.

According to the court’s decision, McSevny was aiming to take advantage of the time difference between Toronto and the U.K. to continue working during the trial and wanted to avoid the cost of returning to Toronto to attend his trial in person.  

In rejecting the application, the court noted that “McSevney intentionally decided to leave Canada knowing he was facing charges that would be adjudicated in Ontario.”

It also said that he “has an unrealistic expectation of the focus required of him during his trial and the court’s daily timetable” — and, that the charges are “complex and serious.”

“The court appreciates there is a financial cost to Mr. McSevney to attend his trial in person, but this factor alone, particularly as it is the result of his own decision-making, is not of much weight in this context,” it said.

Additionally, the court said the “interests of justice and fair trial” favour an in-person hearing — as a remote trial would prevent McSevney, who is self-represented, from receiving legal and technical assistance. And, society has an interest in ensuring a fair, effective trial process.

The court added that “permitting a self-represented litigant to proceed remotely weakens the integrity of the process.”

It further noted that the trial is expected to take four weeks, and to involve more than 30 witnesses — only two of whom aren’t in the Toronto area — and a large number of documents that won’t be easy to review. And, it said that the OSC expects to seek a custodial sentence if its allegations are proven.

“These are serious charges, and the gravity and complexity of the process is much better and fairly served with all parties attending in person, the self-represented litigant getting the assistance they need, and witnesses attending remotely only subject to specific and substantiated exceptions.”

Ultimately, it concluded that the “interests of justice” require the trial to proceed in person.