IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c. S.5, as amended
- and -
IN THE MATTER OF
MARK BONHAM AND BONHAM & CO. INC.
WHEREAS on November 6, 2000, the Ontario Securities Commission (the "Commission") issued an Amended Amended Notice of Hearing pursuant to sections 127(l) and 127.1 of the Securities Act, R.S.O. 1990 c. S.5, as amended (the "Act") in respect of Mark Bonham and Bonham & Co. Inc.;
AND WHEREAS Mark Bonham & Bonham & Co. Inc. entered into a settlement agreement dated July 25, 2002 (the "Settlement Agreement") in which they agreed to a proposed settlement of the proceeding, subject to the approval of the Commission;
AND UPON reviewing the Settlement Agreement and the Statement of Allegations of Staff of the Commission ("Staff'), and upon hearing submissions from counsel for Mark Bonham and Bonham & Co. Inc. and for Staff;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;
IT IS HEREBY ORDERED THAT:
- the Settlement Agreement dated July 25, 2002, attached to this Order, is hereby approved;
- the surrender of Mark Bonham and Bonham & Co. Inc's registrations as Investment Counsel/Portfolio Managers is hereby accepted, effective July 31, 2002;
- pursuant to subsection 127(l)(6) of the Act, Mark Bonham and Bonham & Co. Inc. are hereby reprimanded;
- pursuant to paragraph 2 of subsection 127(1) of the Act, Mark Bonham will cease trading in securities for a period of three years, with the exception of trading in personal accounts held in his name or in the name of his holding company, 1256205 Ontario Inc., or for the account of his registered retirement savings plan (as defined in the Income Tax Act (Canada);
- pursuant to paragraph 8 of subsection 127(1) of the Act, Mark Bonham is prohibited from becoming or acting as a director or officer of any registrant for a period of three years; and
- pursuant to subsection 127.1(2)(b) of the Act, at the time of approval of this settlement, Mark Bonham and Bonham & Co. Inc. are ordered to pay $150,000 to the Commission in respect of a portion of the Commission's costs with respect to this matter.
DATED at Toronto this 20th day of August, 2002.
Paul M. Moore
Kerry D. Adams