Proceedings

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

- AND -

IN THE MATTER OF ABEL DA SILVA

ORDER



    WHEREAS on October 21st, 2008 the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing in this matter and scheduled a hearing to commence on November 27th, 2008 at 3:00 p.m.;

    AND WHEREAS Staff of the Ontario Securities Commission (“Staff”) filed a Statement of Allegations dated October 20th, 2008 with the Commission;

    AND WHEREAS Staff served Abel Da Silva (“Da Silva”) with a certified copy of the Notice of Hearing and Staff’s Statement of Allegations as evidenced by the Affidavit of Service of Wayne Vanderlaan, sworn on November 10th, 2008, filed with the Commission;

    AND WHEREAS a panel of the Commission held a hearing on November 27th, 2008 at 3:00 p.m. and Staff attended and made submissions, including advising the Panel that the disclosure was available on this matter, and Staff undertook to notify Da Silva that disclosure is available;

    AND WHEREAS on November 27th, 2008, Da Silva did not appear at the hearing;

    AND WHEREAS on November 27th, 2008, a panel of the Commission ordered that the hearing in this matter is adjourned to June 4th, 2009 at 11:00 a.m.

    AND WHEREAS Staff served Da Silva with a certified copy of the Order of the Commission dated November 27th, 2008 as evidenced by the Affidavit of Service of Kathleen McMillan sworn on June 3rd, 2009;

    AND WHEREAS on June 4th, 2009, a status hearing was held commencing at 11:00 a.m. and Staff appeared before the panel of the Commission and provided the panel of the Commission with a status update with respect to this matter;

    AND WHEREAS on June 4th, 2009, Da Silva did not attend before the panel of the Commission;

    AND WHEREAS on June 4th, 2009, a panel of the Commission considered the submissions of Staff;

    AND WHEREAS on June 4th, 2009, a panel of the Commission ordered that the hearing with respect to the Notice of Hearing dated October 21st, 2008 and Staff’s Statement of Allegations dated October 20th, 2008 be adjourned to September 10th, 2009 at 10:30 a.m.;

    AND WHEREAS on September 10th, 2009, a status hearing was held commencing at 10:30 a.m. and Staff appeared before the panel of the Commission and provided the panel of the Commission with a status update with respect to this matter;

    AND WHEREAS on September 10th, 2009, a panel of the Commission ordered that the hearing with respect to the Notice of Hearing dated October 21st, 2008 and Staff’s Statement of Allegations dated October 20th, 2008 is adjourned to January 12th, 2010 at 10:30 a.m.;

    AND WHEREAS on January 12th, 2010, a status hearing was held commencing at 10:30 a.m. and Staff appeared before the panel of the Commission and provided the panel of the Commission with a status update with respect to this matter;

    AND WHEREAS on January 12th, 2010, Da Silva did not attend and the matter was adjourned to April 12, 2010;

    AND WHEREAS on April 12th, 2010, DaSilva did not attend before the panel of the Commission despite being made aware of the hearing date;

    AND WHEREAS on April 12th, 2010, a panel of the Commission considered the submissions of Staff and was of the opinion that it was in the public interest to order that the hearing with respect to the Notice of Hearing dated October 21st, 2008 and Staff’s Statement of Allegations dated October 20th, 2008 be adjourned to June 30, 2010 at 9:30 a.m.;

    AND WHEREAS on June 30, 2010, a hearing was held and DaSilva did not attend before the panel of the Commission despite being made aware of the hearing date;

    AND WHEREAS on June 30, 2010, a panel of the Commission considered the submissions of Staff;

    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 with respect to the Notice of Hearing dated October 21st, 2008 and Staff’s Statement of Allegations dated October 20th, 2008 be adjourned to September 2, 2010 at 10:00 a.m.

    DATED at Toronto this 30th day of June, 2010.

 

" Mary G. Condon "
Mary G. Condon