IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
IN THE MATTER OF
ANDREW KEITH LECH
(Subsections 127(1) and 127(10)
of the Securities Act, Rule 9 of the
Rules of Procedure of the
Ontario Securities Commission
(2009), 32 O.S.C.B. 10)
WHEREAS on May 16, 2003, the Ontario Securities Commission (the "Commission") issued an Order that all trading in securities by Andrew Keith Lech ("Lech" or the "Respondent") cease pending further order of the Commission, pursuant to clause 2 of subsection 127(1) of the Securities Act, R.S.O. 1990, c. S. 5, as amended (the "Act"), and that the exemptions contained in Ontario securities law do not apply to Lech pending further order of the Commission, pursuant to clause 3 of subsection 127(1) (the "May 16, 2003 Order");
AND WHEREAS on March 23, 2009, the Commission issued a Notice of Hearing, pursuant to section 127, including subsection 127(10) of the Act, in relation to the Amended Statement of Allegations issued by Staff of the Commission ("Staff"), dated March 20, 2009, with respect to the Respondent;
AND WHEREAS the hearing on the merits before the Commission ("Hearing on the Merits") was scheduled to be held on June 5, 2009, at 10:00 a.m.;
AND WHEREAS on May 29, 2009, the Commission conducted a hearing in writing with respect to this matter;
AND WHEREAS on May 29, 2009, the Commission adjourned the Hearing on the Merits to July 22, 2009, at 10:00 a.m.;
AND WHEREAS on July 20, 2009, the Respondent sent a letter to Staff requesting an adjournment so that he could retain counsel, which letter Staff provided to the Commission;
AND WHEREAS a hearing was held before the Commission on July 22, 2009;
AND WHEREAS Staff attended the hearing on July 22, 2009, but the Respondent, though properly served with the Notice of Hearing, did not attend;
AND WHEREAS Staff submitted that the Respondent chose not to attend and that his adjournment request was an attempt at delay;
AND WHEREAS Staff conceded that the May 16, 2003 Order continues to apply to the Respondent pending further order of the Commission;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order:
IT IS ORDERED that the Hearing on the Merits is adjourned, on a peremptory basis, to August 19, 2009, at 11:00 a.m.
Dated at Toronto this 22nd day of July, 2009.
"Lawrence E. Ritchie"