Proceedings

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

- and -

IN THE MATTER OF
WILLIAM McDONALD FERGUSON

ORDER
(Subsections 127(1) and 127(10) of the Securities Act)




WHEREAS on September 22, 2014, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to subsections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in respect of William McDonald Ferguson (“Ferguson”);

AND WHEREAS on September 22, 2014, Staff of the Commission (“Staff”) filed a Statement of Allegations in respect of the same matter;

AND WHEREAS on October 24, 2014, Staff appeared before the Commission and brought an application to convert this matter to a written hearing;

AND WHEREAS on October 24, 2014, Staff filed an affidavit of service sworn by Lee Crann, a Law Clerk with the Commission, and marked as Exhibit “1”, which documented steps taken by Staff to serve Ferguson with the Notice of Hearing, Statement of Allegations and Staff’s disclosure materials, and made submissions to the Commission;

AND WHEREAS Ferguson did not appear;

AND WHEREAS on October 24, 2014, the Commission ordered that:

  1. Ferguson shall advise of any objections he has to proceeding by way of written hearing within 5 days following service of the order; and
  2. once Staff has advised the Office of the Secretary that the period for objections has passed, the Commission will issue an order addressing Staff’s application;

AND WHEREAS Ferguson received service of the October 24, 2014 order on November 3, 2014;

AND WHEREAS Ferguson did not object to Staff’s application to proceed by way of written hearing within the time allotted by the Commission’s Rules of Procedure;

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

IT IS HEREBY ORDERED THAT:

  1. Staff’s application to proceed by way of written hearing is granted;
  2. Staff’s materials in respect of the written hearing shall be served and filed no later than 10 days following the issuance of this order;
  3. Ferguson’s responding materials, if any, shall be served and filed no later than 4 weeks from the effective date of service of Staff’s materials; and
  4. Staff’s reply materials, if any, shall be served and filed no later than 2 weeks from effective date of service of Ferguson’s materials.

DATED at Toronto this 17th day of November, 2014.

 



"Mary G. Condon "
Mary G. Condon