Proceedings

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FILE NO.: 2017-75 and 2017-76


IN THE MATTER OF
THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA

-AND-

IN THE MATTER OF
JOHN RICHARD WOLFENDEN



D. Grant Vingoe, Vice-Chair and Chair of the Panel
Timothy Moseley, Vice-Chair
Frances Kordyback, Commissioner

January 15, 2018

ORDER

Sections 8 and 21.7 of the
Securities Act, RSO 1990, c S.5


WHEREAS on January 15, 2018, the Ontario Securities Commission (the Commission) held a hearing at the offices of the Commission, located at 20 Queen Street West, 17th Floor, Toronto, Ontario, in relation to an application by the Mutual Fund Dealers Association of Canada (the MFDA) filed on November 2, 2017 to review a decision of the MFDA (MFDA Application), and in relation to an application by John Richard Wolfenden filed on November 22, 2017 to review a decision of the MFDA (Wolfenden Application), and in relation to Mr. Wolfenden’s motion to dismiss the MFDA Application (Motion to Dismiss);

ON READING the MFDA Application, the Wolfenden Application, and the materials filed in support of the Motion to Dismiss, and on hearing the submissions of Staffof the MFDA (MFDA Staff), appearing in person; Staff of the Commission, appearing in person; and Mr. Wolfenden, appearing by telephone; including the parties’ consent to hearing the MFDA Application and the Wolfenden Application together;

IT IS ORDERED THAT:

  1. Pursuant to section 147 of the Securities Act, RSO 1990, c S.5 (the Act), the MFDA Application is considered to be timely filed and the Motion to Dismiss is denied;
  2. Pursuant to section 147 of the Act, the Wolfenden Application is considered to be timely filed;
  3. Pursuant to subsection 9.1(1)(b) of the Statutory Powers Procedure Act, RSO 1990, c S.22, the MFDA Application and the Wolfenden Application will be heard at the same time;
  4. MFDA Staff shall serve and file the record of the proceeding before the MFDA no later than January 19, 2018;
  5. The parties shall give notice of any intention to rely on documents or things not included in the record of the original proceeding, and shall disclose such documents or things, no later than May 22, 2018;
  6. No later than May 25, 2018, Mr. Wolfenden shall file and serve witness lists and notice of intention to call an expert witness, if any, and shall serve (but not file) summaries of the anticipated evidence of any witnesses;
  7. No later than May 29, 2018, MFDA Staff shall file and serve witness lists and notice of intention to call an expert witness, if any, and shall serve (but not file) summaries of the anticipated evidence of any witnesses;
  8. The parties shall serve and file hearing briefs no later than June 8, 2018;
  9. The parties shall serve and file written submissions no later than June 15, 2018; and
  10. The hearing of both applications will be held on June 25, 26, and 27, 2018 at the offices of the Commission, located at 20 Queen Street West, 17th Floor, Toronto, Ontario, commencing at 10:00 a.m. on each scheduled day, or on such other dates or times as may be agreed to by the parties and set by the Office of the Secretary.

" D. Grant Vingoe "
D. Grant Vingoe
" Timothy Moseley "
Timothy Moseley
" Frances Kordyback "
Frances Kordyback