IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c.S.5, AS AMENDED
BUCKINGHAM SECURITIES CORPORATION,
DAVID BROMBERG, NORMAN FRYDRYCH, LLOYD BRUCE AND
MILLER BERNSTEIN & PARTNERS LLP (formerly known as
Miller Bernstein & Partners)
NOTICE OF HEARING
(Subsections 127 and 127.1)
WHEREAS on the 6th day of July, 2001, the Ontario Securities Commission (the "Commission") ordered, among other things, pursuant to clause 1 of subsection 127(1) of the Securities Act, R.S.O. 1990, c.S.5, as amended (the "Act"), that the registration of Buckingham Securities Corporation ("Buckingham") be suspended and that trading in any securities by Lloyd Bruce ("Bruce") and David Bromberg ("Bromberg") cease for a period of fifteen days from the date of the order (the "Temporary Order");
AND WHEREAS on the 20th day of July, 2001 the Commission ordered as described above, pursuant to subsection 127(7) of the Act that the Temporary Order, among other things, be extended against Buckingham, Bruce and Bromberg until the hearing is concluded and that the hearing be adjourned sine die;
TAKE NOTICE that the Commission will hold a hearing pursuant to sections 127 and 127.1 of the Act at the Commission's offices on 20 Queen Street West, 17th Floor Hearing Room, Toronto, Ontario, commencing on Tuesday, May 25, 2004 at 2:30 p.m., or as soon thereafter as the hearing can be held:
- to make an order under clause 2 of subsection 127(1) of the Act that trading in securities by the respondents, Buckingham, Bromberg, Norman Frydrych ("Frydrych") and Bruce cease permanently or for such other period as specified by the Commission;
- to make an Order under clause 1 of subsection 127(1) of the Act that the registration of Buckingham, Bromberg, Frydrych and Bruce be suspended or restricted for such period as is specified in the order or be terminated;
- to make an order under subsection 127(3) of the Act that any exemptions contained in Ontario securities law do not apply to Buckingham, Bromberg, Frydrych, Bruce and Miller Bernstein & Partners LLP (formerly known as Miller Bernstein & Partners) ("Miller Bernstein") permanently or for such period as the Commission may order;
- to make an order under clause 7 of subsection 127(1) of the Act that the respondents Bromberg, Frydrych and Bruce resign one or more positions which the respondents may hold as an officer or director of any issuer;
- to make an order under clause 8 of subsection 127(1) of the Act that the respondents Bromberg, Frydrych and Bruce are prohibited from becoming or acting as a director or officer of any issuer;
- to make an order that the respondents or any of them be reprimanded;
- to make an order under subsection 127(1) of the Act in respect of the respondents or any of them, subject to such terms and conditions as the Commission may impose;
- to make an order pursuant to section 127.1 of the Act that the respondents, or any of them, 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/or;
- to make such other order as the Commission considers appropriate.
BY REASON OF the allegations set out in the Statement of Allegations and such additional allegations as counsel may advise and the Commission may permit;
AND TAKE FURTHER NOTICE that any party to the proceedings may be represented by counsel if he or she attends or submits evidence at the hearing;
AND TAKE FURTHER NOTICE upon failure of any party to attend at the time and place set for the hearing, the hearing may proceed in the absence of that party and the party is not entitled to any further notice of the proceeding.
Dated at Toronto this 15th day of April 2004.
Secretary to the Commission
<>BUCKINGHAM SECURITIES CORPORATION
c/o Miles D. O’Reilly, Q.C.
Barrister & Solicitor
100 Richmond Street West
c/o Brian Greenspan
Greenspan Humphrey Lavine
15 Bedford Rd.
c/o Julie Amourgis
Barrister and Solicitor
439 University Avenue
||MILLER BERNSTEIN & PARTNERS LLP
c/o Robert Staley
Bennett Jones LLP
3400-1 First Canadian Place
PO Box 130, Stn. 1st Can. Pl.
Fax: 416- 863-1716