IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c. S.5, AS AMENDED
- AND -
IN THE MATTER OF
BENNETT ENVIRONMENTAL INC., JOHN BENNETT,
RICHARD STERN, ROBERT GRIFFITHS, and
NOTICE OF HEARING
TAKE NOTICE that the Ontario Securities Commission (the “Commission”) will hold a hearing pursuant to section 127 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) at the Commission’s offices, 20 Queen Street West, Toronto, Ontario, in the Large Hearing Room, 17th Floor, commencing on a date to be fixed by the Commission, to consider whether, pursuant to sections 127(1) and 127.1 of the Act, it is in the public interest to make an order that:
(a) Bennett Environmental Inc. submit to a review of its practices and procedures and institute such changes as may be ordered by the Commission;
(b) the respondents John Bennett, Richard Stern and Robert Griffiths cease trading in securities permanently, or for such time as the Commission may direct;
(c) the respondents John Bennett, Richard Stern and Robert Griffiths resign any positions they hold as a director or officer of any issuer;
(d) the respondents John Bennett, Richard Stern and Robert Griffiths be prohibited from becoming or acting as a director or officer of any issuer, permanently or for such period of time as the Commission may direct;
(e) all of the respondents pay an administrative penalty of not more than $1 million dollars for each failure to comply with Ontario securities law;
(f) the respondents John Bennett, Richard Stern and Robert Griffiths be reprimanded;
(g) the respondents John Bennett, Richard Stern and Robert Griffiths pay the costs of Staff’s investigation and the costs of and related to this proceeding incurred by or on behalf of the Commission; and
(h) such further orders as the Commission deems appropriate.
BY REASON OF the allegations set out in the Statement of Allegations of Staff dated May 31, 2006, and such additional allegations as counsel may advise and the Commission may permit;
AND FURTHER TAKE NOTICE that any party to the proceeding may be represented by counsel if that party attends or submits evidence at the hearing;
AND FURTHER TAKE NOTICE that upon the failure of any party to attend at the time and place aforesaid, the hearing may proceed in the absence of that party and such party is not entitled to any further notice of the proceeding.
DATED at Toronto this 2nd day of June, 2006.
" John Stevenson "
Secretary to the Commission
Fogler, Rubinoff LLP
|AND TO:||Piper Rudnick Gray Cary
1200 Nineteenth Street, N.W.
Thomas F. O’Neil
Phone: (202) 861-6685
Fax: (202) 689-7436
Solicitors for Bennett Environmental Inc.
Blake, Cassels & Graydon LLP
Lang Michener LLP
McCarthy Tétrault LLP