IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED (the “Act”)
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IN THE MATTER OF MAGNA INTERNATIONAL INC.
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IN THE MATTER OF THE STRONACH TRUST
AND 446 HOLDINGS INC.
WHEREAS the Ontario Securities Commission (the “Commission”) convened a hearing pursuant to a Notice of Hearing dated June 15, 2010 (the “Hearing”) in order to consider an application brought by Commission Staff (“Staff”) pursuant to section 127 of the Ontario Securities Act, R.S.O. 1990, c.S.5, as amended;
AND WHEREAS the Hearing was heard by the Commission on June 23 and 24, 2010;
AND WHEREAS the Commission issued a Decision and Order on June 24, 2010;
AND WHEREAS Magna International Inc. (“Magna”) was a respondent to the Application;
AND WHEREAS the Commission made an order dated June 18, 2010 (the “June 18, 2010 Order”) providing for confidentiality of non-public documents delivered by Magna to any of the parties or intervenors or their respective legal counsel, in respect of this proceeding (the "Confidential Information");
AND WHEREAS at the Hearing Staff and the parties tendered into evidence the Confidential Information in tabbed volumes under the understanding that a further order of the Commission would be made to determine which of the documents so tendered would continue to be non-public;
AND WHEREAS the parties and intervenors consent to this variation of the June 18, 2010 Order;
THE COMMISSION THEREFORE ORDERS THAT:
- The June 18, 2010 Order is varied to the extent that only the following documents in Exhibits 1 through 7 as contained in the hearing briefs tendered by Staff shall remain confidential:
Tab 19: last page, first bullet under "Other Considerations";(together, the “Confidential Exhibits”).
Tab 44: last page, first bullet under "Other Considerations";
Tab 68: the draft PwC Report on E-Car;
Tab 69: the draft PwC Report on E-Car;
Tab 102: the PwC Final Report (filed on SEDAR with redactions);
Tab 104: Schedule A, recital B2: from “to reacquire” to “subsidiaries”;
Tab 106: the PwC Report;
Tab 123 (in its entirety); and
Tab 124 (in its entirety)
- Copies of the Confidential Exhibits in the possession or control of the parties and intervenors shall be redacted, or removed from the tabbed volumes and destroyed, as the case may be, by the parties and intervenors and their respective legal counsel;
- All non-public documents delivered by Magna to the parties or intervenors and not tendered into evidence at the Hearing shall remain subject to the June 18, 2010 Order;
- All other documents tendered into evidence at the Hearing shall be publicly available; and
- The June 18, 2010 Order shall remain in full force and effect as varied by this Order.
Dated at Toronto this 16th day of July, 2010.
James E. A. Turner