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


BRIAN PETER VERBEEK

 

 

 

AND

LLOYD HUTCHINSON EBENEZER BRUCE

 AMENDED NOTICE OF HEARING
(Section 127 and 127.1) 

 

WHEREAS a Notice of Hearing was issued and the Statement of Allegations was filed on October 8, 2003;

AND WHEREAS Staff filed an Amended Statement of Allegations dated March 9, 2004;

AND WHEREAS the hearing, scheduled to commence on Tuesday, October 28, 2003 at 3:00 p.m. or as soon as thereafter as the hearing could be held, was adjourned on consent to November 27, 2003 for a pre-hearing;

AND WHEREAS the pre-hearings scheduled to proceed on November 27, 2003; December 11, 2003 and March 23, 2004 were adjourned due to the unavailability of the Respondents Verbeek and Bruce or counsel for Staff;

AND WHEREAS the pre-hearing took place on Tuesday, May 25, 2004 before Vice-Chair Morphy, and it was ordered that the hearings with respect to the Respondents Verbeek and Bruce were scheduled to take place as soon as possible;

TAKE NOTICE that the Ontario Securities Commission will hold a hearing with respect to the Respondent Verbeek pursuant to section 127 of the Securities Act, R.S.O. 1990, c. S.5, as amended, at its office on the 17 th floor, 20 Queen Street West, Toronto, Ontario, scheduled to take place on September 20, 21 and 22, 2004;

AND TAKE NOTICE that the Ontario Securities Commission will hold a hearing with respect to the Respondent Bruce pursuant to section 127 of the Securities Act, R.S.O. 1990, c. S.5, as amended, at its office on the 17 th floor, 20 Queen Street West, Toronto, Ontario, scheduled to take place on November 24 and 25, 2004;

TO CONSIDER whether, pursuant to sections 127 and 127.1 of the Act, it is in the public interest for the Commission:

(a) to make an order pursuant to subsection 127(1) clause 2 that trading in securities by Brian Peter Verbeek and Lloyd Hutchinson Ebenezer Bruce cease permanently or for such period as specified in the order;

(b) to make an order pursuant to subsection 127(1) clause 3 that the exemptions contained in Ontario securities law do not apply to the respondents Verbeek and Bruce or any of them permanently;

(c) to make an order pursuant to subsection 127(1) clause 6 that the respondents be reprimanded;

(d) to make an order pursuant to subsection 127(1) clause 7 that the respondents Verbeek and Bruce resign one or more positions that they hold or may hold as officer or directors of any issuers;

  • to make an order pursuant to subsection 127(1) clause 8 that the respondents Verbeek and Bruce be prohibited from becoming or acting as a director or officer of any issuer;
  • to make an order pursuant to subsection 127.1 that the respondents Verbeek and Bruce pay the costs of Staff’s investigation and the costs of and related to this proceeding incurred by or on behalf of the Commission;
  • to make an order pursuant to subsection 127(1) clause 1 that the registration or recognition granted to the respondents Bruce and Verbeek under Ontario securities law be suspended or restricted for such period as is specified in the order or be terminated, or that terms and conditions be imposed on the registration or recognition; and
  • to make such other orders as the Commission deems appropriate.

BY REASON OF the allegations set out in the Amended Statement of Allegations of Staff of the Enforcement Branch of the Commission and such additional allegations as counsel may advise and the Commission may permit;

AND TAKE FURTHER NOTICE that any party to the proceeding may be represented by counsel if that party attends or submits evidence at the hearing;

AND TAKE FURTHER 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 27th day of July, 2004.

 

“Daisy G. Aranha”
_____________________________
A/Secretary to the Commission

 

 

TO: Brian Peter Verbeek

AND TO: Lloyd Hutchinson Ebenezer Bruce