Proceedings

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IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED

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IN THE MATTER OF PAUL AZEFF, KORIN BOBROW,
MITCHELL FINKELSTEIN, HOWARD JEFFREY MILLER AND
MAN KIN CHENG (a.k.a. FRANCIS CHENG)

ORDER



WHEREAS on September 22, 2010, the Ontario Securities Commission (“Commission”) issued a Notice of Hearing, pursuant to s.127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5 (the “Securities Act”), accompanied by a Statement of Allegations with respect to the Respondents Howard Jeffrey Miller and Man Kin Cheng for a hearing to commence on October 18, 2010;

AND WHEREAS the Respondents were served with the Notice of Hearing and Statement of Allegations dated September 22, 2010 on September 22, 2010;

AND WHEREAS at a hearing on October 18, 2010, counsel for Staff, counsel for the Respondent Man Kin Cheng, and Howard Jeffrey Miller, appearing on his own behalf, consented to the scheduling of a confidential pre-hearing conference on January 11, 2011 at 3:00 p.m.;

AND WHEREAS on November 11, 2010, the Commission issued a Notice of Hearing, pursuant to s. 127 and 127.1 of the Securities Act, accompanied by an Amended Statement of Allegations which added the Respondents Paul Azeff, Korin Bobrow and Mitchell Finkelstein, for a hearing to commence on January 11, 2011;

AND WHEREAS the Respondents were served with the Notice of Hearing and Statement of Allegations dated November 11, 2010 on November 11, 2010;

AND WHEREAS following a hearing on January 11, 2011, counsel for Staff, counsel for the Respondents Paul Azeff, Korin Bobrow, Mitchell Finkelstein, Man Kin Cheng, and Howard Jeffrey Miller, appearing on his own behalf, attended a confidential pre-hearing conference;

AND WHEREAS at the confidential pre-hearing conference on January 11, 2011 all parties made submissions regarding the disclosure made by Staff;

AND WHEREAS at the pre-hearing conference it was ordered by the Commission on the consent of all parties that Staff and the Respondents would exchange written proposals concerning outstanding disclosure issues and that a motion date would be set for February 22, 2011 regarding disclosure issues, if necessary;

AND WHEREAS in its written proposal of January 18, 2011, Staff undertook to provide a “relevant database” of documents on or before March 4, 2011;

AND WHEREAS it was the position of the Respondents that the delivery of the relevant database may affect the position of the parties on a disclosure motion, at the request of the Respondents and on the consent of Staff it was agreed that the motion date would be adjourned to April 8, 2011;

AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;

IT IS ORDERED, on consent of all parties, that:

  1. The previous disclosure motion date of February 22, 2011 be vacated and, if necessary, a motion hearing regarding disclosure issues will take place on April 8, 2011 at 10:00am.

 

DATED at Toronto this 18th day of February, 2011.

 

" Mary G. Condon "
Mary G. Condon