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 and September 10th, 2009, January 12th, April 12th, and June 30th, 2010, status hearings were held and Staff appeared before a 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 and September 10th, 2009, January 12th, April 12th, and June 30th, 2010, Da Silva did not attend before the Commission despite being made aware of the hearing dates;

AND WHEREAS on June 4th and September 10th, 2009, January 12th, April 12th, and June 30th, 2010, the Commission considered the submissions of Staff and was of the opinion that it was in the public interest to adjourn the hearing;

AND WHEREAS on June 30th, 2010, 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 September 2nd, 2010 at 10:00 a.m.;

AND WHEREAS on September 2nd, 2010, a status hearing was held commencing at 10:00 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 September 2nd, 2010, Da Silva did not attend despite being made aware of the hearing;

AND WHEREAS on September 2nd, 2010, Staff advised the panel of the Commission that Staff intended to file an Amended Statement of Allegations in this matter and Staff requested an adjournment of the hearing in order to file the Amended Statement of Allegations;

AND WHEREAS on September 2, 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 October 5th, 2010 at 10:00 a.m.

 

DATED at Toronto this 2nd day of September, 2010.

 

" James E.A. Turner "
James E.A. Turner