IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
- and -
IN THE MATTER OF
(Subsections 127(1) and 127(10) of the Securities Act)
WHEREAS on April 1, 2015, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in respect of Gordon Mak (“Mak”);
AND WHEREAS on April 1, 2015, Staff of the Commission (“Staff”) filed a Statement of Allegations in respect of the same matter;
AND WHEREAS on April 28, 2015, the Commission heard an application by Staff to convert the matter to a written hearing, in accordance with Rule 11.5 of the Ontario Securities Commission Rules of Procedure (2014), 37 OSCB 4168, and subsection 5.1(1) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended;
AND WHEREAS Mak did not appear, although properly served as set out in the Affidavit of Service of Lee Crann, sworn April 24, 2015 and filed with the Commission;
AND WHEREAS Staff received no communication from Mak in relation to Staff’s application to proceed by way of written hearing;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS HEREBY ORDERED THAT:
- Staff’s application to proceed by way of written hearing is granted;
- Staff’s materials in respect of the written hearing shall be served and filed no later than May 8, 2015;
- Mak’s responding materials, if any, shall be served and filed no later than June 5, 2015; and
- Staff’s reply materials, if any, shall be served and filed no later than June 19, 2015.
DATED at Toronto this 28th day of April, 2015.
" Alan J. Lenczner "
Alan J. Lenczner, Q.C.
"Timothy Moseley "