IN THE MATTER OF THE SECURITIES ACT, R.S.O. 1990, c. S.5, AS AMENDED AND IN THE MATTER OF IAC -- INDEPENDENT ACADEMIES CANADA INC., MICRON SYSTEMS INC., THEODORE ROBERT EVERETT and ROBERT H. DUKE
ORDER (Subsections 127(1) and 127(10) of the Securities Act)
WHEREAS on October 27, 2014, the Ontario Securities Commission (the "Commission") issued a Notice of Hearing pursuant to sections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the "Act") in respect of IAC -- Independent Academies Canada Inc., Micron Systems Inc., Theodore Robert Everett and Robert H. Duke (collectively, the "Respondents");
AND WHEREAS on October 27, 2014, Staff of the Commission ("Staff") filed a Statement of Allegations in respect of the same matter;
AND WHEREAS on December 1, 2014, the Commission heard an application by Staff to convert this matter to a written hearing in accordance with Rule 11.5 of the Ontario Securities Commission Rules of Procedure (2014), 37 OSCB 4168, and subsection 5.1(2) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended;
AND WHEREAS the Respondents did not appear, although properly served as set out in the Affidavit of Service of Lee Crann, sworn November 25, 2014 and filed with the Commission;
AND WHEREAS Staff has received no communication from the Respondents in relation to Staff's application to proceed by way of a written hearing;
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 a written hearing is granted;
(b) Staff's materials in respect of the written hearing shall be served and filed by no later than 4:00 p.m. on December 11, 2014;
(c) The Respondents' responding materials, if any, shall be served and filed by no later than 4:00 p.m. on January 8, 2015; and
(d) Staff's reply materials, if any, shall be served and filed by no later than 4:00 p.m. on January 22, 2015.
DATED at Toronto this 1st day of December, 2014.