Proceedings

 

IN THE MATTER OF

THE SECURITIES ACT R.S.O. 1990, c.S.5, as amended

AND

ATI TECHNOLOGIES INC., KWOK YUEN HO,

BETTY HO, JO-ANNE CHANG, DAVID STONE,

MARY DE LA TORRE, ALAN RAE, AND SALLY DAUB


NOTICE OF HEARING

TAKE NOTICE THAT the Ontario Securities Commission will hold a hearing pursuant to section 127 under the Securities Act, R.S.O. 1990, c.S.5, as amended, at its offices on the 17th floor, 20 Queen Street West, Toronto, Ontario, commencing on the 14th day of February, 2003 at 9:30 a.m. or so soon thereafter as the hearing can be held:

TO CONSIDER:

Whether in the opinion of the Commission it is in the public interest to make:

a) an order pursuant to subsection 127(1) clause 3 of the Act that the exemptions contained in Ontario securities law, particularly Rule 45-503, Part 3, Section 3.1, that exempts trades by a listed issuer of its own issues to executives, not apply to ATI for such period as is specified in the order;

b) an order pursuant to subsection 127(1) clause 4 that ATI submit to a review of its practices and procedures and institute such changes as may be ordered by the Commission;

c) an order pursuant to subsection 127(1) clause 6 that the Respondents be reprimanded;

d) an order pursuant to subsection 127(1) clause 2 that trading in securities by K.Y. Ho, Betty Ho, Jo-Anne Chang, David Stone, Mary de la Torre, Alan Rae, or Sally Daub cease permanently or for such period as specified in the order;

e) an order pursuant to subsection 127(1) clause 3 that any exemptions contained in Ontario securities law not apply to K.Y. Ho, Betty Ho, Jo-Anne Chang, David Stone, Mary de la Torre, Alan Rae, or Sally Daub permanently or for such period as specified in the order;

f) an order pursuant to subsection 127(1) clause 7 that K.Y. Ho, Betty Ho, Jo-Anne Chang, David Stone, Mary de la Torre, Alan Rae, or Sally Daub resign one or more positions that they hold or may hold as officer or directors of any issuers;

g) an order pursuant to subsection 127(1) clause 8 that K.Y. Ho, Betty Ho, Jo-Anne Chang, David Stone, Mary de la Torre, Alan Rae, or Sally Daub be prohibited from becoming or acting as a director or officer of any issuer;

h) an order pursuant to subsection 127.1 of the Act that the Respondents pay the costs of Staff's investigation and the costs of and related to this proceeding incurred by or on behalf of the Commission; and

i) to make such other orders as the Commission deems appropriate.

AND FURTHER TAKE NOTICE THAT in the event that the Commission determines that any of the Respondents have not complied with the Ontario securities law Staff will request the Commission to consider whether, in the opinion of the Commission, application should be made to the Superior Court of Justice for a declaration pursuant to subsection 128(1) of the Act, that such persons or companies have not complied with Ontario securities law and that, if such declaration be made, the Superior Court of Justice make such further orders pursuant to subsection 128(3) of the Act as it considers appropriate including an order requiring a person disgorge to the Minister any amounts attained as a result of the non-compliance with Ontario securities law.

AND FURTHER TAKE NOTICE THAT any party to the proceeding may be represented by counsel.

AND FURTHER TAKE NOTICE THAT if any party to the proceedings fails to attend, the hearing may proceed in the absence of the party and the party is not entitled to any further notice of the proceeding.

 

Dated at Toronto this 16th day of January, 2003


"John Stevenson"
John Stevenson


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