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
HELEN KUSZPER AND PAUL KUSZPER

NOTICE OF HEARING
(Sections 127 and 127.1)



    TAKE NOTICE that the Ontario Securities Commission (the "Commission") will hold a hearing pursuant to sections 127 and 127.1 of the Ontario Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) at the offices of the Commission located at 20 Queen Street West, Toronto, 17th Floor, on January 27, 2011 at 2:30 p.m., or as soon thereafter as the hearing can be held,

    AND TAKE NOTICE that the purpose of the hearing is to consider whether it is in the public interest for the Commission to make an order, pursuant to sections 127 and 127.1 of the Act, that:

  1. trading in any securities by the respondents cease permanently, or for such period as is specified by the Commission, pursuant to clause 2 of section 127(1);
  2. the acquisition of any securities by the respondents is prohibited permanently, or for such period as is specified by the Commission, pursuant to clause 2.1 of section 127(1);
  3. any exemptions contained in Ontario securities law do not apply to the respondents permanently, or for such period as is specified by the Commission, pursuant to clause 3 of section 127(1);
  4. the respondents be reprimanded, pursuant to clause 6 of section 127(1);
  5. the respondents resign one or more positions that he holds as a director or officer of any issuer, pursuant to clause 7 of section 127(1);
  6. the respondents be prohibited permanently from becoming or acting as a director or officer of an issuer, or for such period as is specified by the Commission, pursuant to clause 8 of section 127(1);
  7. the respondents be prohibited permanently from becoming or acting as a director or officer of a registrant, or for such period as is specified by the Commission, pursuant to clause 8.2 of section 127(1);
  8. the respondents be prohibited permanently from becoming or acting as a director or officer of a investment fund manager, or for such period as is specified by the Commission pursuant to clause 8.4 of section 127(1);
  9. the respondents be prohibited permanently from becoming a registrant, investment fund manager or promoter, or for such period as is specified by the Commission, pursuant to clause 8.5 of section 127(1);
  10. the respondents pay an administrative penalty of not more than $1 million for each failure to comply with Ontario securities law, pursuant to clause 9 of section 127(1);
  11. the respondents disgorge to the Commission any amounts obtained as a result of non-compliance with Ontario securities law, pursuant to clause 10 of section 127(1);
  12. the respondents pay the costs of the investigation and any hearing, pursuant to section 127.1; and
  13. such other orders as the Commission may deem appropriate;

    BY REASON OF the allegations as set out in the Statement of Allegations of Staff of the Commission dated December 13, 2010 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 13th day of December, 2010.

 

" John Stevenson "
John Stevenson
                     Secretary to the Commission