IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
- AND -
IN THE MATTER OF SHAUN GERARD MCERLEAN
- AND –
IN THE MATTER OF A HEARING AND REVIEW OF A DECISION OF A HEARING
PANEL OF THE INVESTMENT INDUSTRY REGULATORY ORGANIZATION OF
CANADA DATED OCTOBER 31, 2011
- On January 20, 2012, the applicant, Shaun Gerard McErlean (“McErlean”), filed with the Ontario Securities Commission (the “Commission”) a notice of application requesting a hearing and review of a decision of a Hearing Panel of the Investment Industry Regulatory Organization of Canada (“IIROC”) dated October 31, 2011 (the “IIROC Decision”);
- On January 25, 2012, IIROC Staff wrote to McErlean with a copy to the Registrar of the Commission advising that the penalty hearing arising from the IIROC Decision was scheduled to be heard;
- On April 19, 2012, IIROC Staff wrote to the Registrar of the Commission advising that the McErlean proceeding had been completed and IIROC had issued its penalty decision;
- McErlean did not perfect his application for a hearing and review as required by Rule 14.4(3) of the Commission’s Rules of Procedure (2014), 37 OSCB 4168, or request a hearing and review of the IIROC Hearing Panel’s penalty decision;
- On February 1, 2016, Commission Staff advised that Commission Staff and IIROC Staff were requesting that McErlean’s application for a hearing and review be dismissed because it had not been perfected;
- The Registrar unsuccessfully attempted to serve on McErlean ,by email and by courier, a letter from the Secretary to the Commission, dated February 8, 2016, advising McErlean that his application may be dismissed pursuant to Rule 14.4(5) of the Commission’s Rules of Procedure if his application was not perfected; and
- The Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED that McErlean’s application for a hearing and review of the IIROC Decision be and is hereby dismissed.
DATED at Toronto, this 7th day of April, 2016.
" Christopher Portner"