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
DAVEED ZARR (formerly known as ASI LALKY)

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 July 22, 2015 at 2:00 p.m.;

            TO CONSIDER whether, pursuant to paragraph 4 of subsection 127(10) of the Act, it is in the public interest for the Commission to make an order:

  1. against Daveed Zarr (formerly known as Asi Lalky) (“Zarr”) that:
    1. until the later of October 31, 2018, and the date on which Zarr has made the payment ordered in paragraph 35(B) of the Order of the British Columbia Securities Commission dated October 31, 2014 (the “BCSC Order”):
      1. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities by Zarr cease, except that he may trade securities for his own account through a registrant, if, prior to such trade, he gives the registrant a copy of the BCSC Order, and a copy of the Order of the Commission in this proceeding, if granted;
      2. pursuant to paragraph 2.1 of subsection 127(1) of the Act, acquisition of any securities by Zarr cease, except that he may acquire securities for his own account through a registrant, if, prior to such acquisition, he gives the registrant a copy of the BCSC Order, and a copy of the Order of the Commission in this proceeding, if granted;
      3. pursuant to paragraph 3 of subsection 127(1) of the Act, any exemptions contained in Ontario securities laws do not apply to Zarr;
      4. pursuant to paragraph 7 of subsection 127(1) of the Act, Zarr resign any positions that he holds as director or officer of any issuer;
      5. pursuant to paragraph 8 of subsection 127(1) of the Act, Zarr be prohibited from becoming or acting as an officer or director of any issuer;
      6. pursuant to paragraph 8.1 of subsection 127(1) of the Act, Zarr resign any positions that he holds as director or officer of any registrant;
      7. pursuant to paragraph 8.2 of subsection 127(1) of the Act, Zarr be prohibited from becoming or acting as an officer or director of any registrant; and
      8. pursuant to paragraph 8.5 of subsection 127(1) of the Act, Zarr be prohibited from becoming or acting as a registrant or promoter; and
  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 June 30, 2015 and by reason of the BCSC Order, and such additional allegations as counsel may advise and the Commission may permit;

AND TAKE FURTHER NOTICE that at the hearing on July 22, 2015 at 2:00 p.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 4168 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 the 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 the party and such party is not entitled to any further notice of the proceeding;

AND TAKE FURTHER NOTICE that the Notice of Hearing is also available in French, participation may be in either French or English and participants must notify the Secretary’s Office in writing as soon as possible, and in any event, at least thirty (30) days before a hearing if the participant is requesting a proceeding to be conducted wholly or partly in French; and

ET AVIS EST ÉGALEMENT DONNÉ PAR LA PRÉSENTE que l'avis d'audience est disponible en français, que la participation à l'audience peut se faire en français ou en anglais et que les participants doivent aviser le Bureau du secrétaire par écrit le plut tôt possible et, dans tous les cas, au moins trente (30) jours avant l'audience si le participant demande qu'une instance soit tenue entièrement ou partiellement en français.

  DATED at Toronto this 2nd day of July, 2015.

 



" Josée Turcotte "
Josée Turcotte
Secretary to the Commission