Securities Law & Instruments


IN THE MATTER OF

BENEDICT CHENG,
FRANK SOAVE,
JOHN DAVID ROTHSTEIN AND
ERIC TREMBLAY

Janet Leiper, Chair of the Panel

November 15, 2017

ORDER

                WHEREAS on November 15, 2017, the Ontario Securities Commission held a hearing at the offices of the Commission, located at 20 Queen Street West, 17th Floor, Toronto, Ontario;

                ON HEARING the submissions of the representatives for Staff of the Commission (Staff) and Benedict Cheng, Frank Soave and Eric Tremblay (the Respondents), with no one appearing for John David Rothstein, having settled the allegations against him in respect of this proceeding;

                IT IS ORDERED THAT:

1.             Cheng’s motions in respect of a stay, to exclude evidence and relating to disclosure, and Staff’s cross-motions, if any, shall be heard on December 18, 19, 20 and 21, 2017, beginning at 10:00 a.m. on each scheduled day, or on such other dates as may be agreed to by the parties and set by the Office of the Secretary, and:

a.             Staff shall serve and file its motion materials on every other party by no later than November 24, 2017; and,

b.             Cheng shall serve and file any responding motion materials on every other party by no later than December 6, 2017;

2.             Soave shall serve and file a list of the witnesses he intends to call on every other party and shall serve on every such party a summary of the evidence that each witness is expected to give, no later than November 29, 2017;

3.             the Respondents shall provide to every other party the name of any expert witness they intend to call and a summary of the issues on which any expert will be giving evidence, no later than January 4, 2018;

4.             the Respondents shall serve and file any report by an expert witness on every other party no later than January 30, 2018; and

5.             the hearing on the merits shall be heard on April 16, 18, 19, 20, 23, 24, 25, 26, 27, and 30, and May 2, 3, and 4, 2018, commencing at 10:00 a.m. on each scheduled day, or on such other dates as may be agreed to by the parties and set by the Office of the Secretary.

“Janet Leiper”