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 A REQUEST FOR A HEARING AND REVIEW OF THE DECISION OF A HEARING PANEL OF THE MUTUAL FUND
DEALERS ASSOCIATION OF CANADA DATED MARCH 17, 2015

- AND –

IN THE MATTER OF DANIEL WILLIAM YANAKY

ORDER




WHEREAS:

  1. on September 14, 2015, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing, pursuant to sections 8 and 21.7 of the Securities Act, R.S.O. 1990, c. S.5, as amended, that a request made by Daniel William Yanaky (the “Applicant”) for a Hearing and Review of a decision of a hearing panel of the Mutual Fund Dealers Association of Canada (the “MFDA”) dated March 17, 2015 will be heard on February 4, 2016;
  2. on January 11, 2016, the Applicant requested that the February 4, 2016 hearing date for the Hearing and Review be adjourned;
  3. on January 13, 2016, Staff of the Commission supported by Staff of the MFDA requested that a confidential pre-hearing conference be held;
  4. on January 19, 2016, the Registrar of the Commission advised the parties that a confidential pre-hearing conference would be held on February 2, 2016 at 3:00 p.m.;
  5. on February 2, 2016, the Applicant and Staff of the MFDA appeared via conference call and Staff of the Commission appeared in person at the confidential pre-hearing conference and made submissions; and
  6. the Commission is of the opinion that it is in the public interest to make this order.

IT IS ORDERED that:

  1. the February 4, 2016 hearing date scheduled for the Hearing and Review is vacated;
  2. the Applicant shall serve and file his memorandum of fact and law by April 27, 2016;
  3. Staff of the MFDA and Staff of the Commission shall each file their memorandum of fact and law at least 15 days before the hearing; and
  4. the Hearing and Review shall take place on June 2, 2016 at 10:00 a.m. or as soon thereafter as the hearing can be held.

DATED at Toronto, this 8th day of February, 2016.

"Janet Leiper "
Janet Leiper
" Judith N. Robinson "
Judith N. Robinson
" AnneMarie Ryan"
AnneMarie Ryan