IN THE MATTER OF
THE SECURITIES ACT,
RSO 1990, c S.5
IN THE MATTER OF
WILLIAM RAYMOND MALONE
1. On November 8, 2016, Staff (“Staff”) of the Ontario Securities Commission (the “Commission”) filed a Statement of Allegations, in which Staff seeks an order against William Raymond Malone (the “Respondent”), pursuant to subsections 127(1) and 127(10) of the Securities Act;
2. On November 9, 2016, the Commission issued a Notice of Hearing in respect of that Statement of Allegations, setting December 1, 2016 as the date of the hearing;
3. On November 25, 2016, Staff filed an affidavit of service sworn by Lee Crann on the same day, describing steps taken by Staff to serve the Respondent with the Notice of Hearing, Statement of Allegations and Staff’s disclosure materials;
4. At the hearing on December 1, 2016:
a. Staff appeared before the Commission and made submissions;
b. The Respondent did not appear or make submissions, although properly served;
c. Staff applied to continue this proceeding by way of a written hearing, in accordance with Rule 11.5 of the Commission’s Rules of Procedure (2014), 37 OSCB 4168, and subsection 5.1(1) of the Statutory Powers Procedure Act, RSO 1990, c S.22; and
d. Staff advised that the Respondent did correspond with Staff by email on November 30, 2016 and in that email the Respondent did not take any position on the request for a written hearing; and
5. The Commission is of the opinion that it is in the public interest to make this order.
IT IS ORDERED THAT:
(a) Staff’s application to continue this proceeding by way of a written hearing is granted;
(b) Staff’s materials shall be served and filed no later than 5:00 p.m. EST on December 12, 2016;
(c) The Respondent’s responding materials, if any, shall be served and filed no later than 5:00 p.m. EST on January 23, 2017; and
(d) Staff’s reply materials, if applicable, shall be served and filed no later than 5:00 p.m. EST on February 6, 2017.
DATED at Toronto this 1st day of December, 2016.