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 BERYL HENDERSON

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 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, 17th Floor, on May 2, 2012 at 11:30 a.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, at the conclusion of the hearing, to make an order:

  1. pursuant to clause 2 of subsection 127(1) of the Act that trading in any securities by Beryl Henderson (“Henderson”) cease permanently or for such period as is specified by the Commission;
  2. pursuant to clause 2.1 of subsection 127(1) of the Act that the acquisition of any securities by Henderson is prohibited permanently or for such period as is specified by the Commission;
  3. pursuant to clause 3 of subsection 127(1) of the Act that any exemptions contained in Ontario securities law do not apply to Henderson permanently or for such period as is specified by the Commission;
  4. pursuant to clause 6 of subsection 127(1) of the Act that Henderson be reprimanded;
  5. pursuant to clauses 7, 8.1 and 8.3 of subsection 127(1) of the Act that Henderson resign all positions that she holds as a director or officer of any issuer, registrant, or investment fund manager;
  6. pursuant to clauses 8, 8.2 and 8.4 of subsection 127(1) of the Act that Henderson be prohibited from becoming or acting as a director or officer of any issuer, registrant, or investment fund manager;
  7. pursuant to clause 8.5 of subsection 127(1) of the Act that Henderson be prohibited from becoming or acting as a registrant, as an investment fund manager or as a promoter;
  8. pursuant to clause 9 of subsection 127(1) of the Act that Henderson pay an administrative penalty of not more than $1 million for each failure by her to comply with Ontario securities law;
  9. pursuant to clause 10 of subsection 127(1) of the Act that Henderson disgorge to the Commission any amounts obtained as a result of non-compliance by her with Ontario securities law;
  10. pursuant to section 127.1 of the Act that Henderson be ordered to pay the costs of the Commission investigation and the hearing; and
  11. such further order as the Commission considers appropriate in the public interest.

    BY REASON OF the allegations as set out in the Statement of Allegations of Staff of the Commission dated March 30, 2012 and such additional allegations as counsel may advise and the Commission may permit;

    AND TAKE FURTHER NOTICE that any party to the proceedings 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 proceedings.

DATED at Toronto this 30th day of March, 2012.

 

" John Stevenson "
John Stevenson
                     Secretary to the Commission