IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
IN THE MATTER OF
EMPIRE CONSULTING INC. AND
WHEREAS on May 26, 2006, the Ontario Securities Commission (the "Commission") issued a Notice of Hearing and Statement of Allegations with respect to Desmond Chambers ("Chambers") and Empire Consulting Inc. ("Empire");
AND WHEREAS Staff of the Commission ("Staff") attended before the Commission on June 29, 2011 at 2:30 p.m.;
AND WHEREAS on June 29, 2011, Staff filed an affidavit of Raymond Daubney sworn June 29, 2011 setting out Staff's telephone discussions and e-mails with Chambers and efforts to personally serve Chambers and Empire, including contacting local law enforcement authorities in Jamaica;
AND WHEREAS on June 29, 2011, the Commission ordered the hearing adjourned to July 26, 2011 at 3:00 p.m. for the purpose of scheduling dates for the hearing on the merits in this matter;
AND WHEREAS on July 26, 2011, Staff filed an affidavit of Raymond Daubney sworn July 26, 2011 setting out Staff's further telephone discussions and e-mails with Chambers in which Chambers acknowledged receiving Staff's e-mails attaching the Notice of Hearing and Statement of Allegations but advised Staff that he has not read the Notice of Hearing and Statement of Allegations;
AND WHEREAS Chambers has not appeared at this hearing notwithstanding that: (i) the Commission order dated June 29, 2011 was e-mailed to Chambers on July 4, 2011 and he has responded to that e-mail; and (ii) Staff advised Chambers that the hearing dates would be scheduled at the hearing on July 26, 2011 at 3:00 p.m.;
AND WHEREAS Chambers advised Staff on July 4, 2011 that he would not be attending any hearings in this matter;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;
IT IS ORDERED that the hearing on the merits will commence on January 26, 2012 at 10:00 a.m. and continue on January 27, 2012; and
IT IS FURTHER ORDERED that a pre-hearing conference will be held on December 6, 2011 at 2:30 p.m. or on such other date as may be arranged through the Secretary's office.
Dated at Toronto this 26th day of July, 2011.