IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c.S.5, AS AMENDED
- AND -
IN THE MATTER OF
IMAGIN DIAGNOSTIC CENTRES INC., PATRICK J. ROONEY,
CYNTHIA JORDAN, ALLAN McCAFFREY, MICHAEL SHUMACHER,
CHRISTOPHER SMITH, MELVYN HARRIS and MICHAEL ZELYONY
NOTICE OF HEARING
(Sections 127 and 127.1)
TAKE NOTICE that the Commission will hold a hearing pursuant to sections 127 and 127.1 of the Act at its offices on the 17 th Floor, 20 Queen Street West, Toronto, Ontario, in the Large Hearing Room, commencing on the 5 th day of October, 2007 at 11:00 a.m. or as soon thereafter as the hearing can be held, to consider whether it is in the public interest to make the following orders:
(a) pursuant to clause 2 of subsection 127(1) that the Respondents cease trading in securities in Imagin, permanently or for such time as the Commission may direct
(b) pursuant to clause 3 of subsection 127(1) that any exemptions contained in Ontario securities law do not apply to the Respondents or any of them permanently, or for such period as specified by the Commission;
(c) pursuant to paragraph 6 of subsection 127(1) that the Respondents be reprimanded;
(d) pursuant to paragraph 7 of subsection 127(1) that Rooney, Jordan, McCaffrey, Shumacher, Smith, Harris and Zelyony resign any positions they may hold as an officer or director of any issuer;
(e) pursuant to clause 8 of subsection 127(1) that Rooney, Jordan, McCaffrey, Shumacher, Smith, Harris and Zelyony be prohibited from becoming or acting as a director or officer of any issuer;
(f) pursuant to clause 9 of subsection 127(1) that each of the Respondents pay an administrative penalty for failure to comply with Ontario securities law;
(g) pursuant to section 127.1 that the Respondents pay the costs of Staff’s investigation and the costs of, or related to, this proceeding, incurred by or on behalf of the Commission;
(h) pursuant to section 37 that the Respondents be prohibited from telephoning from within Ontario to any residence within or outside Ontario for the purpose of trading in any security or in any class of securities ; and
(i) to make such other order as the Commission may deem 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 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 “ 28 th” day of September, 2007.
Secretary to the Commission