Proceedings

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IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED

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IN THE MATTER OF EDA MARIE AGUECI, DENNIS WING, SANTO IACONO,
JOSEPHINE RAPONI, KIMBERLEY STEPHANY, HENRY FIORILLO,
GIUSEPPE (JOSEPH) FIORINI, JOHN SERPA, IAN TELFER,
JACOB GORNITZKI and POLLEN SERVICES LIMITED

NOTICE OF HEARING
(Subsections 127(1) and 127.1)



    TAKE NOTICE that the Ontario Securities Commission (the “Commission”) will hold a hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O., 1990, c. S.5, as amended (the “Act”) at the offices of the Commission at 20 Queen Street West, 17th Floor, Toronto, Ontario, commencing on March 21, 2012 at 10:00 a.m., or as soon thereafter as the hearing can be held;

    AND TAKE NOTICE that the purpose of the hearing is to consider whether it is in the public interest for the Commission to make an order, pursuant to sections 127 and 127.1 of the Act, that:

  1. trading in any securities by the Respondents cease permanently, or for such period as is specified by the Commission, pursuant to paragraph 2 of subsection 127(1) of the Act;
  2. the acquisition of any securities by the Respondents is prohibited permanently, or for such other period as is specified by the Commission, pursuant to paragraph 2.1 of subsection 127(1) of the Act;
  3. the registration granted to the Respondents Dennis Wing and Kimberley Stephany under securities law be suspended or restricted for such period as is specified by the Commission, or be terminated, or that terms and conditions be imposed on the registration, pursuant to paragraph 1 of subsection 127(1) of the Act;
  4. any exemptions contained in Ontario securities law do not apply to the Respondents permanently, or for such period as is specified by the Commission, pursuant to paragraph 3 of subsection 127(1) of the Act;
  5. the Respondents be reprimanded, pursuant to paragraph 6 of subsection 127(1) of the Act;
  6. the Respondents resign all positions that they hold as a director or officer of any issuer or registrant, pursuant to paragraphs 7 and 8.1 of subsection 127(1) of the Act;
  7. the Respondents be prohibited permanently from becoming or acting as a director or officer of any issuer, registrant or investment fund manager, or for such period as is specified by the Commission, pursuant to paragraphs 8, 8.2 and 8.4 of subsection 127(1) of the Act;
  8. the Respondents be prohibited permanently from becoming or acting as a registrant, an investment fund manager or as a promoter, or for such period as is specified by the Commission, pursuant to paragraph 8.5 of subsection 127(1) of the Act;
  9. each Respondent pay an administrative penalty of not more than $1 million for each failure by that Respondent to comply with Ontario securities law, pursuant to paragraph 9 of subsection 127(1) of the Act;
  10. each of the Respondents disgorge to the Commission any amounts obtained as a result of non-compliance by that Respondent with Ontario securities law, pursuant to paragraph 10 of subsection 127(1) of the Act;
  11. the Respondents be ordered to pay the costs of the Commission investigation and any hearing, pursuant to section 127.1 of the Act; and,
  12. such other order as the Commission may deem appropriate.

    BY REASON OF the allegations set out in the Statement of Allegations of Staff of the Commission dated February 7, 2012 and such further allegations as counsel may advise and the Commission may permit;

    AND TAKE FURTHER NOTICE that any party to the proceeding may be represented by counsel at the hearing;

    AND TAKE FURTHER NOTICE that upon the failure of any party to attend at the time and place stated above, the hearing may proceed in the party’s absence and that party is not entitled to any further notice in the proceeding.

    DATED at Toronto this 7th day of February, 2012.

 

" Josée Turcotte"
Per: John Stevenson
Secretary to the Commission