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
BRUCE CARLOS MITCHELL

NOTICE OF HEARING
(Sections 127 and 127.1)



    TAKE NOTICE THAT the Ontario Securities Commission (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 Commission located at 20 Queen Street West, 17th Floor, on December 19, 2011 at 10:00 a.m., or as soon thereafter as the hearing can be held;

    AND TAKE NOTICE THAT the purpose of the hearing is to consider whether it is in the public interest for the Commission, at the conclusion of the hearing, to make an order:

  1. pursuant to clause 2 of section 127(1) of the Act, that trading in any securities by Bruce Carlos Mitchell (“Mitchell”) cease permanently or for such period as is specified by the Commission;
  2. pursuant to clause 2.1 of section 127(1) of the Act, that the acquisition of any securities by Mitchell is prohibited permanently or for such other period as is specified by the Commission;
  3. pursuant to clause 3 of section 127(1) of the Act, that any exemptions contained in Ontario securities law do not apply to Mitchell permanently or for such period as is specified by the Commission;
  4. pursuant to clause 6 of section 127(1) of the Act, that Mitchell be reprimanded;
  5. pursuant to clauses 7, 8.1 and 8.3 of section 127(1) of the Act, that Mitchell resign all positions that he holds as a director or officer of any issuer, registrant, or investment fund manager;
  6. pursuant to clauses 8, 8.2 and 8.4 of section 127(1) of the Act, that Mitchell be prohibited from becoming or acting as a director or officer of any issuer, registrant, or investment fund manager;
  7. pursuant to clause 8.5 of section 127(1) of the Act, that Mitchell be prohibited from becoming or acting as a registrant, as an investment fund manager or as a promoter;
  8. pursuant to clause 9 of section 127(1) of the Act, that Mitchell pay an administrative penalty of not more than $1 million for each failure by Mitchell to comply with Ontario securities law;
  9. pursuant to clause 10 of section 127(1) of the Act, that Mitchell disgorge to the Commission any amounts obtained as a result of non-compliance by Mitchell with Ontario securities law;
  10. pursuant to section 127.1 of the Act, that Mitchell be ordered to pay the costs of the Commission investigation and the hearing; and
  11. such further order as the Commission considers appropriate in the public interest;

    BY REASON OF the allegations as set out in the Statement of Allegations of Staff of the Commission dated November 22, 2011 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 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 proceedings.

    DATED at Toronto this 22nd day of November, 2011

 

" John Stevenson "
John Stevenson
Secretary to the Commission

 

TO:  BRUCE CARLOS MITCHELL
c/o Linda Fuerst
Lenczner Slaght Royce Smith Griffin LLP
130 Adelaide Street West – Suite 2600
Toronto, Ontario M5H 3P5