Notice of Hearing: In the Matter of Garth H. Drabinsky et al.

Notice of Hearing
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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 GARTH H. DRABINSKY, MYRON I. GOTTLIEB
AND GORDON ECKSTEIN

NOTICE OF HEARING



    TAKE NOTICE that 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 ASAP Reporting Services Inc. located at 333 Bay Street, Suite 900, Toronto, on Tuesday, March 19, 2013 at 10:00 a.m. or as soon thereafter as the hearing can be held:

    TO CONSIDER whether, pursuant to sections 127 and 127.1 of the Act, it is in the public interest for the Commission to make an order that:

  1. trading in any securities by Garth H. Drabinsky, Myron I. Gottlieb, and Gordon Eckstein (collectively, the “Respondents”) cease permanently or for such period as is specified by the Commission;
  2. the acquisition of any securities by the Respondents is prohibited permanently or for such other period as is specified by the Commission;
  3. any exemptions contained in Ontario securities law do not apply to the Respondents permanently or for such period as is specified by the Commission;
  4. each of the Respondents be reprimanded;
  5. each of the Respondents resign all positions that they hold as an officer or director of any issuer, registrant or investment fund manager;
  6. each of the Respondents be prohibited from becoming or acting as an officer or director of any issuer, registrant or investment fund manager;
  7. each of the Respondents be prohibited from becoming or acting as a registrant, an investment fund manager and a promoter;
  8. each of the Respondents disgorge to the Commission any amounts obtained as a result of non-compliance by that Respondent with Ontario securities law;
  9. each of the Respondents be ordered to 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
  10. to make such other order or orders as the Commission considers appropriate.

    BY REASON OF the allegations set out in the Amended Statement of Allegations dated February 20, 2013, 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 20th day of February, 2013.

 

" Josée Turcotte "
for: John Stevenson
             Secretary to the Commission