IN THE MATTER OF THE SECURITIES ACT, R.S.O. 1990, c. S.5, AS AMENDED AND IN THE MATTER OF KRIS SUNDELL
ORDER (Subsections 127(1) and 127(10) of the Securities Act)
WHEREAS on July 21, 2014, the Ontario Securities Commission (the "Commission") issued a Notice of Hearing pursuant to subsections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the "Act") in respect of Kris Sundell ("Sundell");
AND WHEREAS on July 21, 2014, Staff of the Commission ("Staff") filed a Statement of Allegations in respect of the same matter;
AND WHEREAS on August 18, 2014, the Commission heard an application by Staff to convert the matter to a written hearing, in accordance with Rule 11.5 of the Ontario Securities Commission Rules of Procedure (2014), 37 OSCB 4095, and subsection 5.1(2) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended;
AND WHEREAS Sundell did not appear, although properly served as set out in the Affidavit of Service of Lee Crann, sworn August 12, 2014 and filed with the Commission;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS HEREBY ORDERED THAT:
(a) Staff's application to proceed by way of written hearing is granted;
(b) Staff's materials in respect of the written hearing shall be served and filed no later than August 28, 2014;
(c) Sundell's responding materials, if any, shall be served and filed no later than September 18, 2014; and
(d) Staff's reply materials, if any, shall be served and filed no later than September 25, 2014.
DATED at Toronto this 18th day of August, 2014.