IN THE MATTER OF THE SECURITIES ACT,
R.S.0. 1990, c. S.5, AS AMENDED
IN THE MATTER OF
(Subsections 127(1) and 127(10) of the Securities Act)
- 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 (“Mr. Lewis”);
- on April 1, 2015, Staff of the Conomission (“Staff”) filed a Statement of Allegations in respect of the same matter;
- on May 21, 2015, the Commission granted Staffs application to proceed by way of written hearing, pursuant to Rule 11 of the Rules of Procedure and set down a schedule for the submission of materials by the parties;
- on May 28, 2015, Staff filed written submissions, a brief of authorities, a hearing brief and affidavits of service;
- on July 31, 2015, the Commission received Mr. Lewis’s responding materials;
- on June 18, 2014, Mr. Lewis was found guilty in the Superior Court of Justice of one count of defrauding the public of an amount exceeding $5,000, contrary to section 380(l)(a) of the Criminal Code, R.S.C., 1985, c. C-46;
- the offence for which Mr. Lewis was convicted arose from transactions, business or a course of conduct related to securities; and
- the Panel is of the view that it is in the public interest to make the following order;
IT IS ORDERED THAT:
- pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities by Mr. Lewis shall cease permanently;
- pursuant to paragraph 2.1 of subsection 127(1) of the Act, acquisition of any securities by Mr. Lewis shall be prohibited permanently;
- pursuant to paragraph 3 of subsection 127(1) of the Act, any exemptions contained in Ontario securities law shall not apply to Mr. Lewis permanently;
- pursuant to paragraphs 7, 8.1 and 8.3 of subsection 127(1) of the Act, Mr. Lewis shall resign any positions that he holds as director or officer of any issuer, registrant or investment fund manager;
- pursuant to paragraphs 8, 8.2 and 8.4 of subsection 127(1) of the Act, Mr. Lewis shall be prohibited permanently from becoming or acting as an officer or director of any issuer, registrant or investment fund manager; and
- pursuant to paragraph 8.5 of subsection 127(1) of the Act, Mr. Lewis shall be prohibited permanently from becoming or acting as a registrant, as an investment fund manager or as a promoter.
DATED at Toronto, Ontario this 31st day of August, 2015.
"Alan J. Lenczner "
Alan J. Lenczner, Q.C.
" Timothy Moseley "