Order: In the Matter of 2196768 Ontario Ltd carrying on business as RARE Investments et al.

Order






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

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IN THE MATTER OF 2196768 ONTARIO LTD
CARRYING ON BUSINESS AS RARE INVESTMENTS,
RAMADHAR DOOKHIE, ADIL SUNDERJI
and EVGUENI TODOROV

ORDER

(Rule 9 of the Ontario Securities Commission
Rules of Procedure (2012), 35 O.S.C.B. 10009)



    WHEREAS on November 22, 2011, the Ontario Securities Commission (“Commission”) issued a Notice of Hearing, pursuant to s.127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, (the “Act”) in relation to a Statement of Allegations filed by Staff of the Commission (“Staff”) with respect to 2196768 Ontario Ltd. carrying on business as RARE Investments (“RARE”), Ramadhar Dookhie (“Dookhie”), Adil Sunderji (“Sunderji”) and Evgueni Todorov (“Todorov”) (together, the “Respondents”), for a hearing to commence on December 5, 2011;

    AND WHEREAS the Respondents were served with the Notice of Hearing and Statement of Allegations dated November 22, 2011 on November 23, 2011;

    AND WHEREAS at a hearing on December 5, 2011, counsel for Staff advised that disclosure will be made to the Respondents by Staff on or by January 16, 2012, and the parties consented to the scheduling of a confidential pre-hearing conference on March 5, 2012;

    AND WHEREAS the confidential pre-hearing conference was adjourned from March 5, 2012 to May 2, 2012, with the consent of Staff, to permit two of the Respondents to retain legal counsel;

    AND WHEREAS the parties attended on May 2, 2012 and counsel for Staff advised that disclosure was complete and two of the Respondents advised they had not yet retained legal counsel;

    AND WHEREAS the parties attended on July 19, 2012, and two of the Respondents advised they had still not retained legal counsel;

    AND WHEREAS the parties attended on September 14, 2012, and the Commission ordered that the hearing on the merits shall commence on Monday, March 18, 2013 and continue on March 19, 20, 21, 22, 25, 27, and 28, 2013;

    AND WHEREAS on March 13, 2013, Todorov requested an adjournment of at least six weeks to retain legal counsel, and counsel for Staff made submissions with respect to the adjournment request;

    AND WHEREAS the Commission considers it to be in the public interest to grant the requested adjournment, on a peremptory basis as against Todorov, to allow Todorov to retain legal counsel;

    IT IS ORDERED THAT:

  1. the hearing on the merits is adjourned on a peremptory basis as against Todorov;
  2. the hearing dates of March 18, 19, 20, 21, 22, 25, 27 and 8, 2013 are vacated; and
  3. the hearing on the merits shall begin on Wednesday, May 22, 2013 at 10:00 a.m. and shall continue on May 23, 24, 27, 28, 29, 30 and 31, 2013.

    DATED at Toronto this 13th day of March, 2013.

 

" Edward P. Kerwin "
Edward P. Kerwin