IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c.S.5, AS AMENDED
- AND -
IN THE MATTER OF REX DIAMOND MINING CORPORATION,
SERGE MULLER, AND BENOIT HOLEMANS
NOTICE OF HEARING
(Sections 127 and 127(1))
TAKE NOTICE that the Commission will hold a hearing pursuant to section 127 of the Act at its offices on the 17 th Floor, 20 Queen Street West, Toronto, Ontario, in the Large Hearing Room, commencing on the February 12, 2007 at 10:00 a.m. or as soon thereafter as the hearing can be held, to consider whether it is in the public interest to make the following orders against Rex Diamond Mining Corporation (“Rex”), Serge Muller (“Muller”), and Benoit Holemans (“Holemans”), (collectively, the “Respondents”):
(a) pursuant to paragraph 6 of subsection 127(1) that Muller and Holemans be reprimanded;
(b) pursuant to paragraph 7 of subsection 127(1) that Muller resign his position as a director and officer of Rex;
(c) pursuant to paragraph 7 of subsection 127(1) that Holemans resign his position as an officer of Rex;
(d) pursuant to paragraph 8 of subsection 127(1) that Holemans be prohibited from being a director or officer of Rex;
(e) pursuant to paragraph 8 of subsection 127(1) that Muller be prohibited permanently from becoming or acting as a director or officer of any issuer;
(f) pursuant to paragraph 8.5 of subsection 127(1) that Muller be prohibited permanently from becoming or acting as a registrant, as an investment fund manager or as a promoter;
(g) pursuant to paragraph 4 of subsection 127(1) that Rex submit to a review of its practices and procedures and institute such changes as may be ordered by the Commission;
(h) pursuant to section 127.1 that the Respondents pay the costs of Staff’s investigation and the costs of, or related to, this proceeding, incurred by or on behalf of the Commission; and
(i) to make such other order as the Commission may deem appropriate.
BY REASON OF the allegations set out in the Statement of Allegations 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 at the hearing;
AND TAKE FURTHER NOTICE that upon 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 8th day of February, 2007.
Secretary to the Commission