Proceedings

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

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IN THE MATTER OF
FREDERICK JOHNATHON NIELSEN, previously known as
FREDERICK JOHN GILLILAND

ORDER
(Section 127)



    WHEREAS on November 23, 2012, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in respect of Frederick Johnathon Nielsen, previously known as Frederick John Gilliland (“Nielsen”);

    AND WHEREAS on November 22, 2012, Staff of the Commission (“Staff”) filed a Statement of Allegations in respect of the same matter;

    AND WHEREAS on December 14, 2012, the Commission heard an application by Staff to convert the matter to a written hearing, in accordance with Rule 11.5 of Commission’s Rules of Procedure (2012), 35 OSCB 10071, and section 5.1(2) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended;

    AND WHEREAS Nielsen did not appear, although properly served;

    AND WHEREAS Nielsen entered into a settlement agreement with the British Columbia Securities Commission dated March 25, 2011 (“Settlement Agreement”);

    AND WHEREAS in the Settlement Agreement, Nielsen consented to any securities regulator in Canada relying on the facts admitted in his Settlement Agreement for the purpose of making a similar order;

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

    IT IS HEREBY ORDERED THAT:

(a) Staff’s application to proceed by way of written hearing is granted;

(b) Staff’s material in respect of the hearing shall be served and filed no later than December 17, 2012; and

(c) Nielsen’s responding materials, if any, shall be served and filed no later than January 15, 2013.

    DATED at Toronto this 14th day of December, 2012.

 

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