IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c. S.5 AS AMENDED
- AND -
IN THE MATTER OF ANTHONY IANNO AND SAVERIO MANZO
WHEREAS on March 8, 2010 a Notice of Hearing and Statement of Allegations were issued against Anthony Ianno (“Ianno”) and Saverio Manzo (“Manzo”) (the “Proceeding”);
AND WHEREAS on April 7, 2011, Staff of the Commission (“Staff”) brought a motion seeking the direction of the Ontario Securities Commission (the “Commission”) authorizing Staff’s application to the Ontario Superior Court of Justice for an Order appointing a person to take the evidence outside of Ontario of David Charles Parkinson (“Parkinson”);
AND WHEREAS Parkinson has relevant evidence to provide at the hearing of the Proceedings;
AND WHEREAS the respondents did not oppose Staff’s motion and the motion was dealt with in writing pursuant to Rules 3.3 and 11 of the Commission’s Rules of Procedure;
IT IS HEREBY ORDERED THAT Staff may make an application to the Ontario Superior Court of Justice for an Order pursuant to section 152 of the Securities Act R.S.O. 1990, c. S.5, as amended:
- appointing the members of the Hearing Panel in this matter as Commissioners (the “Commissioners”) to take the evidence outside of Ontario of David Charles Parkinson (“Parkinson”) for use in this Proceeding before the Commission;
- providing for the issuance of a letter of request directed to the judicial authorities of the Supreme Court of British Columbia (the “BC Court”) requesting the issuance of such process as is necessary to compel Parkinson to attend before the Commissioners to give testimony under oath or otherwise and to produce documents and things relevant to the subject matter of this proceeding;
- providing that the examination of Parkinson (the “Examination”) shall take place in the offices of the British Columbia Securities Commission (the “BCSC Offices”) located in Vancouver during the week of September 6, 2011 or at such other time no later than September 28, 2011 as may be ordered by the BC Court or agreed upon in writing by Parkinson , Staff, Ianno and Manzo; and
- prescribing that the procedural and evidentiary rules of Ontario will apply to the Examinations to the extent permissible by the laws of British Columbia;
- providing that the Examination shall be conducted before the Commissioners via video and audio link between the BCSC Offices and the Commission’s hearing room in this matter located in Toronto so that the Commissioners are able to observe and participate in the Examination and make any required evidentiary rulings.
Dated at Toronto this 8th day of April, 2011.
" Edward Kerwin "
" Paulette Kennedy "