IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
- and -
IN THE MATTER OF
NOTICE OF HEARING
(Subsections 127(1) and 127(10))
TAKE NOTICE THAT the Ontario Securities Commission (the “Commission”) will hold a hearing pursuant to subsections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”), at the offices of the Commission, 20 Queen Street West, 17th Floor, commencing on August 18, 2014 at 10:00 a.m.;
TO CONSIDER whether, pursuant to paragraph 5 of subsection 127(10) of the Act, it is in the public interest for the Commission to make an order:
1. against Kris Sundell (“Sundell”) that:
a. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities by Sundell cease until February 20, 2019; and
b. pursuant to paragraph 2.1 of subsection 127(1) of the Act, acquisition of any securities by Sundell cease until February 20, 2019.
2. To make such other order or orders as the Commission considers appropriate.
BY REASON of the allegations set out in the Statement of Allegations of Staff of the Commission dated July 21, 2014 and by reason of a Settlement Agreement and Undertaking between Sundell and the Alberta Securities Commission dated February 20, 2014, and such additional allegations as counsel may advise and the Commission may permit;
AND TAKE FURTHER NOTICE that at the hearing on August 18, 2014 at 10:00 a.m., Staff will bring an application to proceed with the matter by written hearing, in accordance with Rule 11 of the Ontario Securities Commission Rules of Procedure (2014), 37 OSCB 4095 and section 5.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended, and any party to the proceeding may make submissions in respect of the application to proceed by written hearing;
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 failure of any party to attend at the time and place, the hearing may proceed in the absence of the party and such party is not entitled to any further notice of the proceeding.
DATED at Toronto this 21st day of July, 2014.
Acting Secretary to the Commission