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R.S.O. 1990, c.S.5, AS AMENDED (the “Act”)



(Subsection 127 (7) and subsection 144(1))

      WHEREAS on September 19, 2008 the Ontario Securities Commission (“the Commission”) issued a temporary order with respect to certain Financial Sector Issuers named in the Temporary Order pursuant to subsections 127(1), (2) and (5) of the Act (the “Temporary Order”), in support of an order made by the United States Securities and Exchange Commission (“SEC”) on September 18, 2008 (the “SEC Order”);

      AND WHEREAS on September 22, 2008, the Commission issued an order amending and restating the Temporary Order (the “Amended Temporary Order”) in support of amendments made to the SEC Order on September 21, 2008 (the “SEC Amending Order”) to address current and anticipated technical and operational issues resulting from the requirements of the SEC Order;

      AND WHEREAS the Amended Temporary Order shall expire on October 3, 2008 unless extended by order of the Commission;

      AND WHEREAS on October 1, 2008 the SEC announced that it intended to extend the SEC Amending Order, originally set to expire on October 2, 2008, until 11:59 p.m. ET on the third business day after enactment of contemplated legislation in the United States, but in any case no later than 11:59 p.m. ET on October 17, 2008;

      TAKE NOTICE that the Commission will hold a hearing pursuant to subsection 127(7) and subsection 144(1) of the Act at the offices of the Commission, 20 Queen Street West, 17th Floor, in the Large Hearing Room, Toronto, Ontario, commencing on October 3, 2008, at 3:00 p.m. or soon thereafter as the hearing can be held;

      AND TAKE NOTICE that the purpose of the hearing will be for the Commission to consider whether it is in the public interest for the Commission:

      a) to continue the Amended Temporary Order in respect of those Financial Sector Issuers set out in Schedule “A” hereto, which schedule includes all Financial Sector Issuers named in the Amended Temporary Order (with the exception of Aberdeen Asia-Pacific Income Investment Company Ltd.) until October 20, 2008 or until otherwise varied or revoked by the Commission; and

      b) to make such further amendments to the Amended Temporary Order as necessary to address current and anticipated technical and operational issues as may be submitted by Staff of the Commission at the hearing;

      BY REASON of the facts recited in the Amended Temporary Order and as stated herein and of such additional information 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 FURTHER TAKE NOTICE that upon the failure of any party to attend at this time and place, 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 2nd day of October, 2008.

John Stevenson
Ontario Securities Commission

Schedule A

List of Financial Sector Issuers

Name Root Ticker
Bank of Montreal BMO
Bank of Nova Scotia (The) BNS
Canadian Imperial Bank of Commerce CM
Fairfax Financial Holdings Limited FFH
Kingsway Financial Services Inc. KFS
Manulife Financial Corporation MFC
Quest Capital Corp. QC
Royal Bank of Canada RY
Sun Life Financial Inc. SLF
Thomas Weisel Partners Group Inc. TWP
Toronto-Dominion Bank (The) TD
Merrill Lynch & Co., Canada Ltd. MLC

1 This company is not interlisted in the US. However, it is included on this list because its securities are exchangeable into securities of Merrill Lynch & Co. Inc. (listed in the US), which is subject to the SEC Order.


Bank of Montreal
Corporate Secretary’s Department
First Canadian Place
19th Floor, 100 King Street West
Toronto, Ontario
M5X 1A1

The Bank of Nova Scotia
Executive Offices
Scotia Plaza
44 King Street West
Toronto, Ontario
M5H 1H1

Canadian Imperial Bank of Commerce
Secretary’s Division
Commerce Court
Toronto, Ontario
M5L 1A2

Fairfax Financial Holdings Limited
95 Wellington Street West
Suite 800
Toronto, Ontario
M5J 2N7

Kingsway Financial Services Inc.
7120 Hurontario Street
Suite 800
Mississauga, Ontario
L5W 0A9

Manulife Financial Corporation
Corporate Law
200 Bloor Street East
North Tower 10
Toronto, Ontario
M4W 1E5

Quest Capital Corp.
Suite 1028-550 Burrard Street
Vancouver, British Columbia
V6C 2B5

Royal Bank of Canada
Corporate Secretary’s Department
P.O. Box 1
Royal Bank Plaza
Toronto, Ontario
M5J 2J5

Sun Life Financial Inc.
Law Department
150 King Street West – 14th Floor
Toronto, Ontario
M5H 1J9

Thomas Weisel Partners Group, Inc.
One Montgomery Street
Suite 3700
San Francisco, California

The Toronto-Dominion Bank
P.O. Box 1
Toronto-Dominion Centre
Toronto, Ontario
M5K 1A2

Merrill Lynch & Co., Canada Ltd.
Corporate Secretary
BCE Place, 181 Bay Street
Suite 400
Toronto, Ontario
M5J 2V8