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
ANDRE LEWIS
ORDER
(Subsections 127(1) and 127(10) of the Securities Act)

WHEREAS:

  1. on April 1, 2015, 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 in respect of Andre Lewis (“Lewis”);
  2. on April 1, 2015, Staff of the Commission (“Staff”) filed a Statement of Allegations in respect of the same matter;
  3. on April 28, 2015, Staff appeared before the Commission in respect of Staff’s application to convert this matter to a written hearing;
  4. on April 28, 2015, Staff filed an affidavit of service sworn by Rose Del Sordo sworn April 2, 2015, which documented steps taken by Staff to serve Lewis with the Notice of Hearing, Statement of Allegations and Staff’s disclosure materials;
  5. Lewis did not appear, although properly served;
  6. Staff advised that Lewis had requested an adjournment to retain counsel, and Staff consented to an adjournment;
  7. on April 28, 2015, the Commission ordered that:
    1. the hearing in this matter is adjourned to May 21, 2015 at 9:00 a.m.; and
    2. absent any objection by Lewis, or any counsel on his behalf, to proceeding by way of written hearing, this matter will be converted to a written hearing at the May 21, 2015 appearance;
  8. on May 21, 2015, Lewis advised Staff that he would prefer an in-person hearing upon his release from incarceration but that, in the alternative, he would consent to proceeding by way of written hearing;
  9. on May 21, 2015, Staff appeared before the Commission;
  10. on May 21, 2015, Staff filed correspondence exchanged between Staff and Lewis, and filed an affidavit of service sworn by Rose Del Sordo sworn May 5, 2015, which documented steps taken by Staff to serve Lewis with the Commission’s April 28, 2015 Order;
  11. Lewis did not appear, although properly served;

IT IS ORDERED THAT:

  1. Staff’s application to proceed by way of written hearing is granted;
  2. Staff’s materials in respect of the written hearing shall be served and filed no later than June 1, 2015;
  3. Lewis’s responding materials, if any, shall be served and filed no later than July 6, 2015; and
  4. Staff’s reply materials, if any, shall be served and filed no later than July 15, 2015.

 

DATED at Toronto this 21st day of May, 2015.



"Alan J. Lenczner "
Alan J. Lenczner, Q.C.
"Timothy Moseley "
Timothy Moseley