Proceedings

PDF Version

PDF Version



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

- and –

ERIC INSPEKTOR

ORDER



WHEREAS on March 28, 2014, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”), in relation to a Statement of Allegations filed by Staff of the Commission (“Staff”) on March 28, 2014, to consider whether it is in the public interest to make certain orders against Eric Inspektor (the “Respondent”);

AND WHEREAS the Notice of Hearing set a hearing in this matter for April 15, 2014 at 10:00 a.m.;

AND WHEREAS on April 8, 2014, the hearing was rescheduled by the Commission to commence on April 30, 2014 at 10:00 a.m.;

AND WHEREAS on April 30, 2014, Staff submitted inter alia that its disclosure to the Respondent would be substantially completed before the end of May 2014;

AND WHEREAS on April 30, 2014, the Commission ordered that the hearing be adjourned to June 18, 2014;

AND WHEREAS on June 18, 2014, Staff confirmed that disclosure to the Respondent was substantially complete, and counsel to the Respondent submitted that she would require some time to review Staff’s disclosure and address any issues arising from such disclosure;

AND WHEREAS on June 20, 2014, the Commission ordered that the hearing be adjourned to September 17, 2014;

AND WHEREAS on September 2, 2014, counsel for the Respondent, Crawley Mackewn Brush LLP (“CMB”), filed a notice of motion, pursuant to Rule 1.7.4 of the Commission’s Rules of Procedure (2014), 37 O.S.C.B. 4168, for leave to withdraw as representative for the Respondent and requesting that the motion be heard in writing (the “Withdrawal Motion”);

AND WHEREAS the affidavit filed by CMB states that the Respondent intends to represent himself;

AND WHEREAS on September 15, 2014, the Commission ordered that the Withdrawal Motion be heard in writing and granted CMB leave to withdraw as representative for the Respondent;

AND WHEREAS on September 17, 2014, the Respondent advised that he is seeking an order pursuant to section 17 of the Act authorizing disclosure of certain documents which the Respondent received from Staff in pursuant to Staff’s disclosure obligations (the “Section 17 Motion”);

AND WHEREAS on September 17, 2014, the Commission set a schedule for the exchange of motion submissions, ordered that the Section 17 Motion be heard on October 21, 2014, and adjourned the hearing to November 3, 2014;

AND WHEREAS on October 21, 2013, the Section 17 Motion was heard in camera, and Staff and the Respondent appeared and made submissions before the Commission;

AND WHEREAS the Panel reserved its decision on the Section 17 Motion;

AND WHEREAS on November 3, 2014, Staff and the Respondent appeared and made submissions before the Commission;

AND WHEREAS the Respondent advised that he is seeking a summons authorizing disclosure of a legal opinion provided by a law firm to a bank regarding one or more companies named in the Statement of Allegations in this matter; 

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

IT IS ORDERED that:

  1. The hearing on the merits shall begin on April 8, 2015 and continue on April 9, 13, 14, 15, 16, 17, 20, 22, 23, 24 and April 27, 2015;
  2. A confidential pre-hearing conference will be held on December 15, 2014 at 10:00 a.m.;
  3. The Respondent file a request for summons to the Office of the Secretary indicating the document that the Respondent seeks to be produced and the reasons for the request;
  4. A hearing shall be held on January 15, 2015 at 10:00 a.m. to consider a motion by the Respondent for additional disclosure, if necessary.

DATED at Toronto, this 3rd day of November, 2014.

 



" Mary Condon"
Mary G. Condon