Proceedings

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IN THE MATTER OF
THE SECURITIES ACT, RSO 1990, c S.5

- and -

IN THE MATTER OF
GLENN FRANCIS DUNBAR

ORDER
(Subsections 127(1) and 127(10))



WHEREAS:

  1. On January 25, 2016, Staff (“Staff”) of the Ontario Securities Commission (the “Commission”) filed a Statement of Allegations, in which Staff seeks an order against Glenn Francis Dunbar (“Dunbar”), pursuant to subsections 127(1) and 127(10) of the Securities Act (the “Act”);
  2. On January 25, 2016, the Commission issued a Notice of Hearing in respect of that Statement of Allegations, setting February 22, 2016, as the date of the hearing;
  3. Dunbar entered into a Settlement Agreement with the Nova Scotia Securities Commission (the “NSSC”) dated November 19, 2015 (the “Settlement Agreement”);
  4. Dunbar is subject to an order dated December 2, 2015 made by the NSSC, that imposes sanctions, conditions, restrictions or requirements upon him, within the meaning of paragraph 4 of subsection 127(10) of the Act;
  5. On February 19, 2016, Staff filed an affidavit of service sworn by Lee Crann on February 19, 2016, describing steps taken by Staff to serve Dunbar with the Notice of Hearing, Statement of Allegations and Staff’s disclosure materials;
  6. At the hearing on February 22, 2016:
    1. Staff appeared before the Commission and made submissions, and applied to continue the proceeding by way of a written hearing, in accordance with Rule 11.5 of the Commission’s Rules of Procedure (2014), 37 OSCB 4168, and subsection 5.1(1) of the Statutory Powers Procedure Act, RSO 1990, c S.22;
    2. Dunbar did not appear or make submissions, although properly served; and
    3. The Commission ordered that:
      1. Staff’s application to continue the proceeding by way of a written hearing is granted;
      2. Staff’s materials shall be served and filed no later than March 17, 2016;
      3. Dunbar’s responding materials, if any, shall be served and filed no later than April 14, 2016; and
      4. Staff’s reply materials, if applicable, shall be served and filed no later than April 28, 2016;
  7. On March 3, 2016, Staff filed a consent from Dunbar to the making of this Order; and
  8. The Commission is of the opinion that it is in the public interest to make this Order.

IT IS ORDERED:

  1. pursuant to paragraph 2 of subsection 127(1) of the Act, that trading in any securities or derivatives by Dunbar shall cease permanently, with the exception that Dunbar is permitted to trade in securities or derivatives on his own behalf in his own account, solely through a registered dealer to whom Dunbar must give a copy of this Order;
  2. pursuant to paragraph 2.1 of subsection 127(1) of the Act, that the acquisition of any securities by Dunbar is prohibited permanently, with the exception that Dunbar is permitted to acquire securities on his own behalf in his own account, solely through a registered dealer to whom Dunbar must give a copy of this Order;
  3. pursuant to paragraph 3 of subsection 127(1) of the Act, that any exemptions contained in Ontario securities law do not apply to Dunbar permanently;
  4. pursuant to paragraphs 7, 8.1 and 8.3 of subsection 127(1) of the Act, that Dunbar shall resign any positions that he holds as a director or officer of any issuer, registrant or investment fund manager;
  5. pursuant to paragraphs 8, 8.2 and 8.4 of subsection 127(1) of the Act, that Dunbar is prohibited permanently from becoming or acting as a director or officer of any issuer, registrant or investment fund manager; and
  6. pursuant to paragraph 8.5 of subsection 127(1) of the Act, that Dunbar is prohibited permanently from becoming or acting as a registrant, an investment fund manager or a promoter.

            DATED at Toronto this 7th day of March, 2016.

 



" Timothy Moseley"
Timothy Moseley