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 PAUL AZEFF, KORIN BOBROW,
MITCHELL FINKELSTEIN, HOWARD JEFFREY MILLER AND
MAN KIN CHENG (a.k.a. FRANCIS CHENG)


ORDER



WHEREAS on September 22, 2010, the Ontario Securities Commission (“Commission”) issued a Notice of Hearing, pursuant to s.127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5 (the “Securities Act”), accompanied by a Statement of Allegations with respect to the Respondents Howard Jeffrey Miller and Man Kin Cheng for a hearing to commence on October 18, 2010;

AND WHEREAS the Respondents were served with the Notice of Hearing and Statement of Allegations dated September 22, 2010 on September 22, 2010;

AND WHEREAS at a hearing on October 18, 2010, counsel for Staff, counsel for the Respondent Man Kin Cheng, and Howard Jeffrey Miller, appearing on his own behalf, consented to the scheduling of a confidential pre-hearing conference on January 11, 2011 at 3:00 p.m.;

AND WHEREAS on November 11, 2010, the Commission issued a Notice of Hearing, pursuant to s. 127 and 127.1 of the Securities Act, accompanied by an Amended Statement of Allegations which added the Respondents Paul Azeff, Korin Bobrow and Mitchell Finkelstein, for a hearing to commence on January 11, 2011;

AND WHEREAS the Respondents were served with the Notice of Hearing and Statement of Allegations dated November 11, 2010 on November 11, 2010;

AND WHEREAS following a hearing on January 11, 2011, counsel for Staff, counsel for the Respondents Paul Azeff, Korin Bobrow, Mitchell Finkelstein, Man Kin Cheng, and Howard Jeffrey Miller, appearing on his own behalf, attended a confidential pre-hearing conference;

AND WHEREAS at the confidential pre-hearing conference on January 11, 2011 all parties made submissions regarding the disclosure made by Staff;

AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;

IT IS ORDERED , on consent of all parties, that:

  1. Staff shall provide a written proposal to address the disclosure issues raised by the Respondents on or by January 18, 2011;
  2. The Respondents shall provide a written response to the proposal of Staff by January 25, 2011;
  3. If necessary, a motion regarding disclosure issues will take place on February 22, 2011 at 10:00 a.m.

 

DATED at Toronto this 17th day of January, 2011.

 

" Patrick J. LeSage "
Patrick J. LeSage