IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
IN THE MATTER OF
RICHARD OCHNIK AND 1464210 ONTARIO INC.
NOTICE OF HEARING
(Section 127 and Section 127.1)
TAKE NOTICE THAT the Ontario Securities Commission (the “Commission”) will hold a hearing pursuant to section 127 of the Securities Act, R.S.O. 1990, c. S.5, as amended, (the Act), at the Commission offices, 20 Queen street West, 17 th Floor, in the Large Hearing Room, Toronto, Ontario, commencing on Monday, October 24, 2005 at 2:00 p.m. or so soon thereafter as the hearing can be held.
Whether in the opinion of the Commission it is in the public interest to make:
(a) an order pursuant to subsection 127(1) clause 3 of the Act that the exemptions contained in Ontario securities law not apply to the Respondents, Richard Ochnik (Ochnik) and 1464210 Ontario Inc. (1464210) permanently or for such term as specified in the order;
(b) an order pursuant to subsection 127(1) clause 6 of the Act that the Respondents be reprimanded;
(c) an order pursuant to subsection 127(1) clause 2 of the Act that trading in securities by the Respondents cease permanently or for such period as specified in an order;
(d) an order pursuant to subsection 127(1) clause 7 of the Act that Ochnik resign any positions that he may hold as an officer or director of any issuer;
(e) an order pursuant to subsection 127(1) clause 8 of the Act that Ochnik be prohibited from becoming or acting as a director or officer of any issuer;
(f) an order pursuant to section 127.1 of the Act that the Respondents pay the costs of Staff’s investigation and the costs of related to this proceeding; and
(g) to make such other orders as the Commission deems appropriate.
AND FURTHER TAKE NOTICE THAT in the event that the Commission determines that any of the Respondents have not complied with Ontario securities law Staff will request the Commission to consider, in the opinion of the Commission, whether an application should be made to the Superior Court of Justice for a declaration pursuant to subsection 128(1) of the Act, that such persons or companies have not complied with Ontario securities law and that, if such declaration be made, the Superior Court of Justice make such further orders pursuant to subsection 128(3) of the Act as it considers appropriate including an order pursuant to subsection 128(3) clause 10 directing that a person or company to repay to a security holder any part of the money paid for securities and an order pursuant to subsection 128(3) clause 13 requiring a person or company to compensate or make restitution to an aggrieved person.
AND TAKE NOTICE THAT any party to the proceeding may be represented by counsel.
AND FURTHER TAKE NOTICE THAT if any party to the proceedings fails to attend, the hearing may proceed in the absence of the party and the party is not entitled to any further notice of the proceeding.
Dated at Toronto this “19 th” day of September, 2005
A/Secretary to the Commission
180 Forum Drive
1464210 Ontario Inc.
c/o 180 Forum Drive