IN THE MATTER OF THE SECURITIES ACT, R.S.O. 1990, c. S.5, AS AMENDED AND IN THE MATTER OF EDA MARIE AGUECI, DENNIS WING, SANTO IACONO, JOSEPHINE RAPONI, KIMBERLEY STEPHANY, HENRY FIORILLO, GIUSEPPE (JOSEPH) FIORINI, JOHN SERPA, IAN TELFER, JACOB GORNITZKI AND POLLEN SERVICES LIMITED
ORDER (Rules 1.4(2) of the Commission's Rules of Procedure (2012), 35 O.S.C.B. 10071)
WHEREAS 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 connection with a Statement of Allegations filed by Staff of the Commission ("Staff") on February 7, 2012 against Eda Marie Agueci ("Agueci") , Dennis Wing ("Wing"), Santo Iacono ("Iacono"), Josephine Raponi ("Raponi"), Kimberley Stephany ("Stephany"), Henry Fiorillo ("Fiorillo"), Giuseppe (Joseph) Fiorini ("Fiorini"), John Serpa ("Serpa"), Jacob Gorntizki ("Gornitzki") (collectively, the "Individual Respondents"), Pollen Services Limited (together with the Individual Respondents, the "Respondents") and Ian Telfer;
AND WHEREAS on September 20, 2013, the Commission approved a settlement agreement between Staff and Ian Telfer;
AND WHEREAS on September 26, 2013, Staff filed an Amended Statement of Allegations against the Respondents;
AND WHEREAS the merits hearing commenced on September 30, 2013 (the "Merits Hearing");
AND WHEREAS on November 1, 2013, Staff and counsel from various firms acting on behalf of Gornitzki, Wing, Iacono, Fiorillo and Fiorini, respectively, appeared and made submissions on further dates required for the Merits Hearing;
AND WHEREAS on November 1, 2013, counsel from various firms acting on behalf of Raponi, Stephany and Serpa, respectively, participated via teleconference and made submissions on further dates required for the Merits Hearing and counsel for Raponi advised the panel of availability for counsel acting on behalf of Agueci;
AND WHEREAS on November 8, 2013, the Commission ordered, among other things, that:
1. Staff's written closing submissions for the Merits Hearing shall be filed and served electronically by March 25, 2014 at 4:00 p.m.;
2. The Respondents' written closing submissions for the Merits Hearing shall be filed and served electronically by April 11, 2014 at 4:00 p.m.; and
3. The panel shall hear oral closing submissions of all participating parties in the Merits Hearing on April 28, 29 and 30, 2014 from 10:00 a.m. to 4:30 p.m.
(the "Scheduling Order")
AND WHEREAS on April 7, 2014, the counsel for Fiorillo, on behalf of all the Respondents and with the consent of Staff, requested a variance of the Scheduling Order including: (a) a brief extension of the deadline for the Respondents to deliver written closing submissions on Tuesday, April 15, 2014 at 4:00 p.m.; and (b) permitting Staff to serve and file on Tuesday, April 15, 2014 at 4:00 p.m. a version of their closing submissions that is hyper-linked directly to the evidentiary record and making minor corrections;
AND WHEREAS the Commission is of the opinion that it is in the public interest to issue this order;
IT IS HEREBY ORDERED that the Scheduling Order is varied such that:
1. The Respondents' written closing submissions for the Merits Hearing shall be filed and served electronically by April 15, 2014 at 4:00 p.m.;
2. Staff is permitted to electronically serve and file a version of their written closing submissions that is hyper-linked directly to the evidentiary record and that makes minor corrections, by April 15, 2014 at 4:00 p.m.; and
3. Staff shall serve and file a black-lined copy of their written closing submissions, which indicates the minor corrections made to their original submissions, by April 15, 2014 at 4:00 p.m.
DATED at Toronto this 9th day of April, 2014.