Proceedings

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

- AND -

IN THE MATTER OF MBS GROUP (CANADA) LTD., BALBIR AHLUWALIA AND
MOHINDER AHLUWALIA

ORDER
(Section 127 of the Securities Act)



    WHEREAS on June 30, 2011, the Ontario Securities Commission (the "Commission") issued a Notice of Hearing pursuant to sections 37, 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the "Act") accompanied by a Statement of Allegations dated June 30, 2011 issued by Staff of the Commission (“Staff”) with respect to MBS Group (Canada) Ltd. (“MBS Group”), Mohinder Ahluwalia (“Mohinder”) and Balbir Ahluwalia (“Balbir”), (collectively, the “Respondents”);

    AND WHEREAS the Notice of Hearing stated that a hearing would be held at the offices of the Commission on July 21, 2011;

    AND WHEREAS on July 21, 2011, Staff confirmed that the Commission had received the affidavit of Daniela DeChellis sworn July 19, 2011 which indicated that the Notice of Hearing and Statement of Allegations were served on the Respondents;

    AND WHEREAS on July 21, 2011, Staff attended the hearing and no one appeared on behalf of the Respondents;

    AND WHEREAS on July 21, 2011, Staff provided the Panel with emails from Balbir and Mohinder advising that they were unable to attend the hearing and requesting that the hearing be adjourned for a short period of time;

    AND WHEREAS Staff advised the Commission that it was not opposed to a brief adjournment;

    AND WHEREAS the Commission ordered that the hearing be adjourned to August 17, 2011 at 11:00 a.m.;

    AND WHEREAS by Notice of Motion dated August 5, 2011, Staff brought a motion for a temporary order on notice to the Respondents;

    AND WHEREAS on August 17, 2011, Staff, Balbir and Mohinder attended before the Commission and Balbir and Mohinder consented to the making of a temporary order;

    AND WHEREAS the Commission issued a temporary order pursuant to subsections 127(1) and 127(5) of the Act against the Respondents;

    AND WHEREAS the Commission ordered that the temporary order take effect immediately and expire on September 2, 2011 unless extended by order of the Commission and that the hearing to consider an extension of the temporary order be scheduled for September 1, 2011 at 10:00 a.m.;

    AND WHEREAS Staff and the Respondents attended before the Commission on September 1, 2011 and November 29, 2011 to consider the temporary order;

    AND WHEREAS on November 29, 2011, the Commission ordered that a pre-hearing conference be scheduled for January 13, 2012 at 10:00 a.m. at the offices of the Commission;

    AND WHEREAS on January 13, 2012, Staff and the Respondents attended before the Commission for a pre-hearing conference;

    AND WHEREAS Staff requested that the matter be set down for a hearing on the merits;

    AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;

    IT IS HEREBY ORDERED that the hearing on the merits shall commence on October 22, 2012 at 10:00 a.m. at the offices of the Commission, and shall continue on October 24, 25, 26, 29, 30, 31 and November 1, 2, and 5, 2012, or on such further or other dates as may be agreed to by the parties and fixed by the Office of the Secretary;

    IT IS FURTHER ORDERED that a status hearing will be scheduled prior to the commencement of the hearing on the merits, on a date as may be agreed to by the parties and fixed by the Office of the Secretary.

    DATED at Toronto this 13th day of January, 2012.

 

" James E. A. Turner "
James E. A. Turner