Proceedings

 

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

AND

IN THE MATTER OF
CLIFFORD PAUL TINDALL

ORDER
(Subsection 127(1) and Section 127.1)

WHEREAS on October 14th, 1999, the Ontario Securities Commission (the"Commission") issued a Notice of Hearing pursuant to subsection 127(1) of the Securities Act(the " Act") in respect of Clifford Paul Tindall ("Tindal1") and David Deonarine Singh;

AND WHEREAS David Deonarine Singh entered into a settlement agreement dated July25th, 2000 which was subsequently approved by the Commission on July 31st, 2000;

AND WHEREAS on August 8th, 2000, the Commission heard the submissions ofcounsel for the Respondent and the submissions of counsel for staff of the Commission withrespect to any orders to be issued;

AND WHEREAS the Commission received written submissions on August 14th and 16thwith respect to the Commission's jurisdiction to make an order for costs;

AND AS the Commission is of the opinion that it is in the public interest to make thisorder;

IT IS HEREBY ORDERED pursuant to subsection 127(1) and section 127.1 of the Actthat:

(1) pursuant to clause 6 of subsection 127(1) of the Act, Tindall is herebyreprimanded;

(2) pursuant to clause 1 of subsection 127(1) of the Act, the registration of Tindall isterminated;

(3) pursuant to clause 2 of subsection 127(1) of the Act, Tindall, will cease trading insecurities for a period of seven (7) years effective the date of this Order; provided,however, that Tindall may trade in securities for his own account or for theaccount of his registered retirement savings plan (as defined in the Income Tax Act(Canada) if:

(a) the securities are securities referred to in clause 1 of subsection 35(2) ofthe Act; or

(b) in the case of securities other than those referred to in (a),

(i) the securities are listed and posted for trading on a stock exchangein Canada;

(ii) neither he nor any member of his family is an insider, partner orpromoter of the issuer of the securities; and

(iii) he does not own directly, or indirectly through another person orcompany or through any person or company acting on his behalf,more than five (5) percent of the outstanding securities of the classor series of the class in question; or

(c) in the case of securities other than those referred to in (a) or (b ), allsecurities currently owned by Tindall as at the date of this Order; and

(4) pursuant to section 127.1 the Commission has determined that it has thejurisdiction to grant an award for costs; the quantum of which is to be determinedin a future proceeding.

August 30th, 2000.

"Howard I. Wetston"

"Morley P. Carscallen"

"J. F. Howard"