IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, CHAPTER S.5, AS AMENDED
– and –
IN THE MATTER OF
ATI TECHNOLOGIES INC., KWOK YUEN HO, BETTY HO,
JO-ANNE CHANG, DAVID STONE, MARY DE LA TORRE,
ALAN RAE and SALLY DAUB
WHEREAS pursuant to a schedule agreed to by all of the parties in October 2004, the hearing on the merits in this matter was scheduled to commence on March 29, 2005 at 10:00 a.m. and continue for 33 hearing days until June 3, 2005;
AND WHEREAS on March 28, 2005 another panel of the Commission approved settlement agreements that had been negotiated separately between Staff of the Commission and the Respondents ATI Technologies Inc., Mary de la Torre, and Alan Rae (the “Settlement Agreements”);
AND WHEREAS the Respondents K.Y. Ho and Jo-Anne Chang made motions today, supported by the Respondents Betty Ho and David Stone, for an adjournment of the hearing in this matter to allow them to prepare their defences in light of the Settlement Agreements;
AND WHEREAS all of the parties requesting the adjournment submitted that, in the event that the Panel granted the adjournment, the hearing could be concluded within the previously scheduled timetable which had been agreed to by all of the parties;
AND WHEREAS Staff of the Commission opposed the requested adjournment;
AND UPON reviewing the motion records of the moving parties and upon hearing submissions from counsel for all of the Respondents and for Staff of the Commission;
IT IS ORDERED THAT the hearing in this matter is adjourned until Monday, April 11, 2005 at 10:00 a.m., provided that:
(a) no further adjournments will be permitted with respect to any of the available hearing dates, which had been previously agreed to by all of the parties and which are set out in the timetable attached as Schedule A to this Order (the “Timetable”);
(b) all of the parties coordinate and prepare a detailed schedule setting out the proposed proceedings for each day set out in the Timetable (“the Detailed Schedule”);
(c) the Panel receives the Detailed Schedule from the parties by no later than 2:00 p.m. on Friday, April 1, 2005 , failing which the hearing on the merits shall commence on Monday, April 4, 2005 at 10:00 a.m.
Dated at Toronto , this 30 th Day of March, 2005.
“Susan Wolburgh Jenah”
Susan Wolburgh Jenah
M. Theresa McLeod
H. Lorne Morphy, Q.C.