IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
EMPIRE CONSULTING INC. and
WHEREAS on May 26, 2006, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing and Statement of Allegations with respect to Desmond Chambers (“Chambers”) and Empire Consulting Inc. (“Empire”);
AND WHEREAS Staff of the Commission (“Staff”) attended before the Commission on June 29, 2011 at 2:30 p.m.;
AND WHEREAS on June 29, 2011, Staff filed an affidavit of Raymond Daubney sworn June 29, 2011 setting out Staff’s telephone discussions and e-mails with Chambers and efforts to personally serve Chambers and Empire, including contacting local law enforcement authorities in Jamaica;
AND WHEREAS on June 29, 2011, the Commission ordered the hearing adjourned to July 26, 2011 at 3:00 p.m. for the purpose of scheduling dates for the hearing on the merits in this matter;
AND WHEREAS on July 26, 2011, Staff filed an affidavit of Raymond Daubney sworn July 26, 2011 setting out Staff’s further telephone discussions and e-mails with Chambers in which Chambers acknowledged receiving Staff’s e-mails attaching the Notice of Hearing and Statement of Allegations but advised Staff that he has not read the Notice of Hearing and Statement of Allegations;
AND WHEREAS Chambers has not appeared at this hearing notwithstanding that: (i) the Commission order dated June 29, 2011 was e-mailed to Chambers on July 4, 2011 and he has responded to that e-mail; and (ii) Staff advised Chambers that the hearing dates would be scheduled at the hearing on July 26, 2011 at 3:00 p.m.;
AND WHEREAS Chambers advised Staff on July 4, 2011 that he would not be attending any hearings in this matter;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;
IT IS ORDERED that the hearing on the merits will commence on January 26, 2012 at 10:00 a.m. and continue on January 27, 2012; and
IT IS FURTHER ORDERED that a pre-hearing conference will be held on December 6, 2011 at 2:30 p.m. or on such other date as may be arranged through the Secretary’s office.
Dated at Toronto this 26th day of July, 2011.
Mary G. Condon