Notice of Hearing: In the Matter Travis Michael Hurst et al.

Notice of Hearing

IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED

- and -

IN THE MATTER OF
TRAVIS MICHAEL HURST, TERRY HURST
and BRYANT HURST

NOTICE OF HEARING
(Subsections 127(1) and 127(10))



TAKE NOTICE THAT the Ontario Securities Commission (the “Commission”) will hold a hearing pursuant to subsections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”), at the offices of the Commission, 20 Queen Street West, 17th Floor, Toronto, Ontario commencing on July 22, 2015 at 1:30 p.m.;

            TO CONSIDER whether, pursuant to paragraph 5 of subsection 127(10) of the Act, it is in the public interest for the Commission to make an order:

  1. against Travis Michael Hurst (“Travis”) that:
    1. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities or derivatives by Travis cease until March 2, 2020, except that:
      1.  Travis may trade in securities or derivatives through a registrant who has been given a copy of the Settlement Agreement and Undertaking between Travis and the Alberta Securities Commission (“ASC”) dated March 2, 2015, and a copy of the Order of the Commission in this proceeding, if granted, using one Registered Retirement Savings Plan (“RRSP”) account, one Registered Education Savings Plan (“RESP”) and one Locked-in Retirement Account (“LIRA”);
    2. pursuant to paragraph 2.1 of subsection 127(1) of the Act, acquisition of any securities by Travis cease until March 2, 2020, except that:
      1. Travis may purchase securities or derivatives through a registrant who has been given a copy of the Settlement Agreement and Undertaking between Travis and the ASC dated March 2, 2015, and a copy of the Order of the Commission in this proceeding, if granted, using one RRSP account, one RESP and one LIRA; and
      2. Travis may purchase securities in an issuer whose securities are not distributed to the public;
  2. against Terry Hurst (“Terry”) that:
    1. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities or derivatives by Terry cease until March 2, 2018, except that:
      1. Terry may trade in securities or derivatives through a registrant, who has been given a copy of the Settlement Agreement and Undertaking between Terry and the ASC dated March 2, 2015, and a copy of the Order of the Commission in this proceeding, if granted, using one RRSP account;
    2. pursuant to paragraph 2.1 of subsection 127(1) of the Act, acquisition of any securities by Terry cease until March 2, 2018, except that:
      1. Terry may purchase securities or derivatives through a registrant, who has been given a copy of the Settlement Agreement and Undertaking between Terry and the ASC dated March 2, 2015, and a copy of the Order of the Commission in this proceeding, if granted, using one RRSP account; and
      2. Terry may purchase securities in an issuer whose securities are not distributed to the public;
  3. against Bryant Hurst (“Bryant”) that:
    1. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities or derivatives by Bryant cease until March 2, 2018, except that:
      1. Bryant may trade in securities or derivatives through a registrant, who has been given a copy of the Settlement Agreement and Undertaking between Bryant and the ASC dated March 2, 2015, and a copy of the Order of the Commission in this proceeding, if granted, using one RRSP account, and one RESP account for each of his children;
    2. pursuant to paragraph 2.1 of subsection 127(1) of the Act, acquisition of any securities by Bryant cease until March 2, 2018, except that:
      1. Bryant may purchase securities or derivatives through a registrant, who has been given a copy of the Settlement Agreement and Undertaking between Bryant and the ASC dated March 2, 2015, and a copy of the Order of the Commission in this proceeding, if granted, using one RRSP account, and one RESP account for each of his children; and
      2. Bryant may purchase securities in an issuer whose securities are not distributed to the public;
  4. To make such other order or orders as the Commission considers appropriate.

 

BY REASON of the allegations set out in the Statement of Allegations of Staff of the Commission dated June 30, 2015 and by reason of the Settlement Agreement and Undertaking between Travis, Terry and Bryant and the ASC dated March 2, 2015, and such additional allegations as counsel may advise and the Commission may permit;

AND TAKE FURTHER NOTICE that at the hearing on July 22, 2015 at 1:30 p.m., Staff will bring an application to proceed with the matter by written hearing, in accordance with Rule 11 of the Ontario Securities Commission Rules of Procedure (2014), 37 OSCB 4168 and section 5.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended, and any party to the proceeding may make submissions in respect of the application to proceed by written hearing;

AND TAKE FURTHER NOTICE that any party to the proceeding may be represented by the 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 the party and such party is not entitled to any further notice of the proceeding;

AND TAKE FURTHER NOTICE that the Notice of Hearing is also available in French, participation may be in either French or English and participants must notify the Secretary’s Office in writing as soon as possible, and in any event, at least thirty (30) days before a hearing if the participant is requesting a proceeding to be conducted wholly or partly in French; and

ET AVIS EST ÉGALEMENT DONNÉ PAR LA PRÉSENTE que l'avis d'audience est disponible en français, que la participation à l'audience peut se faire en français ou en anglais et que les participants doivent aviser le Bureau du secrétaire par écrit le plut tôt possible et, dans tous les cas, au moins trente (30) jours avant l'audience si le participant demande qu'une instance soit tenue entièrement ou partiellement en français.

DATED at Toronto this 2nd day of July, 2015.



"Josée Turcotte "
Josée Turcotte