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
HOLLINGER INC., CONRAD M. BLACK,
F. DAVID RADLER, JOHN A. BOULTBEE,
AND PETER Y. ATKINSON

NOTICE OF HEARING

 

    TAKE NOTICE that the Commission will hold a hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c.S.5, as amended (the "Act") at the offices of the Ontario Securities Commission, 20 Queen Street West, 17th Floor, small hearing room, on Wednesday, May 18, 2005 at 9:00 a.m. or as soon thereafter as the hearing can be held:

    TO CONSIDER whether, pursuant to sections 127(1) and 127.1 of the Act, it is in the public interest for the Commission:

(a)   to make an order pursuant to section 127(1) clause 2 of the Act that trading in any securities of Hollinger Inc. cease permanently or for such other period as specified by the Commission;

(b)    to make an order pursuant to section 127(1) clause 2 of the Act that trading in securities by Conrad M. Black ("Black"), F. David Radler ("Radler"), John A. Boultbee ("Boultbee"), and Peter Y. Atkinson ("Atkinson") ("Respondent" or "Respondents") cease permanently or for such other period as specified by the Commission;

(c)   to make an order pursuant to subsection 127(1) clause 3 of the Act that any or all exemptions in Ontario securities law do not apply to Hollinger, Black, Radler, Boultbee and Atkinson;

(d)   to make an order pursuant to section 127(1) clause 4 of the Act that Hollinger institute such changes as may be ordered by the Commission and submit to a review of its practices and procedures;

(e)   to make an order pursuant to section 127(1) clause 7 of the Act that Black, Radler, Boultbee and Atkinson resign one or more positions which the Respondents may hold as an officer or director of any issuer;

(f)   to make an order pursuant to section 127(1) clause 8 of the Act that Black, Radler, Boultbee and Atkinson be prohibited from becoming or acting as an officer or director of any issuer;

(g)   to make an order pursuant to section 127(1) clause 9 of the Act that Hollinger, Black, Radler, Boultbee and Atkinson each pay an administrative penalty of not more than $1 million for each failure by that Respondent to comply with Ontario securities law;

(h)   to make an order pursuant to section 127(1) clause 10 of the Act that Hollinger, Black, Radler, Boultbee and Atkinson disgorge to the Commission any amounts obtained as a result of non-compliance by that Respondent with Ontario securities law;

(i)   to make an order pursuant to section 127(1) clause 6 of the Act that Black, Radler, Boultbee and Atkinson be reprimanded;

(j)   to make an order pursuant to section 127.1 of the Act that Hollinger, Black, Radler, Boultbee and Atkinson pay the costs of Staff's investigation and the costs of, or related to, this proceeding, incurred by or on behalf of the Commission; and

(k)   to make such other order or orders as the Commission considers appropriate.

    BY REASON OF the allegations set out in the Statement of Allegations dated March 18, 2005, and such additional allegations as counsel may advise and the Commission may permit;

    AND TAKE FURTHER NOTICE that any party to the proceeding may be represented by counsel at the hearing;

    AND TAKE FURTHER NOTICE that upon failure of any party to attend at the time and place aforesaid, the hearing may proceed in the absence of that party and such party is not entitled to any further notice of the proceeding.

    DATED at Toronto this 18th of March, 2005.

 

”John Stevenson”
John Stevenson
Secretary to the Commission

TO: HOLLINGER INC.
c/o Joseph Groia
Groia & Company Professional Corporation
The Sterling Tower
1000-372 Bay Street
Toronto, ON M5H 2W9

Phone: (416) 203-4472
Fax: (416) 203-9231
Email: jgroia@groiaco.com
AND TO:

CONRAD M. BLACK
c/o Edward Greenspan, Q.C.
Greenspan, White
144 King St. E.
Toronto, ON, M5C 1G8

Phone: (416) 366-3961
Fax: (416) 366-7994
Email: egreenspan@144king.com

AND TO:

F. DAVID RADLER
c/o Michael Code
Sack, Goldblatt, Mitchell
Box 180
1130-20 Dundas St. W.
Toronto, ON, M5G 2G8

Phone: (416) 979-6444
Fax: (416) 591-7333

- and –

c/o David J. Martin
760-1040 Georgia St. W.
Vancouver, BC, V6E 4H1

Phone: (604) 682-4200
Fax: (604) 682-4209

AND TO:

JOHN A. BOULTBEE
c/o Don Jack
Lerners LLP
Box 95
2400-130 Adelaide St. W.
Toronto, ON, M5H 3P5

Phone: (416) 601-4121
Fax: (416) 601-4123

AND TO:

PETER Y. ATKINSON
c/o C. Clifford Lax, Q.C.
Lax O’Sullivan Scott LLP
Suite 1920, 145 King Street West
Toronto, Ontario M5H 1J8

Phone: 416-598-0988
Fax: 416-598-3730
E-mail: clax@counsel-toronto.com