Securities Law & Instruments


IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
AND

IN THE MATTER OF
THE JUNIPER FUND MANAGEMENT CORPORATION,
JUNIPER INCOME FUND,
JUNIPER EQUITY GROWTH FUND and
ROY BROWN (a.k.a. ROY BROWN-RODRIGUES)

ORDER
(Sections 127 and 127.1 of the Securities Act)



WHEREAS on March 21, 2006, the Ontario Securities Commission (the "Commission") issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990 c. S.5, as amended (the "Act"), accompanied by a Statement of Allegations dated March 21, 2006 filed by Staff of the Commission ("Staff") in respect of Juniper Fund Management Corporation, Juniper Income Fund, Juniper Equity Growth Fund and Roy Brown (a.k.a. Roy Brown-Rodrigues) (collectively, the "Respondents");

AND WHEREAS on July 5, 2007, Staff filed an Amended Statement of Allegations;

AND WHEREAS a hearing on the merits in this matter was held before the Commission on September 19, 20, 21, 22, 23, 28, 29, October 5, November 9 and December 21, 2011, and February 14, 22, April 4, May 28, 30, June 8 and September 4, 2012;

AND WHEREAS following the hearing on the merits, the Commission issued its Reasons and Decision with respect to the merits on April 11, 2013;

AND WHEREAS on April 11, 2013, the Commission ordered that the parties shall appear before the Commission on June 14, 2013 at 10:00 a.m. at the offices of the Commission at 20 Queen Street West, Toronto, ON, for the sanctions and costs hearing, and further ordered that:

(i) Staff shall file written submissions by 4:30 p.m. on May 24, 2013;

(ii) The Respondents shall file responding written submissions by 4:30 p.m. on June 7, 2013;

(iii) Staff shall file reply written submissions (if any) by 4:30 p.m. on June 12, 2013; and

AND WHEREAS by email dated April 13, 2013 Roy Brown advised the Secretary's Office that he was unavailable to attend the sanctions and costs hearing on June 14, 2013 due to travel commitments and a planned vacation;

AND WHEREAS the Commission scheduled a case conference on May 7, 2013 to consider Roy Brown's request to adjourn the sanctions and costs hearing;

AND WHEREAS on May 7, 2013, Roy Brown participated in the case conference by way of conference call and Staff attended in person;

AND WHEREAS Roy Brown advised that he was making efforts through Pro Bono Law Ontario to obtain counsel and Staff advised that it was not opposed to a short adjournment of the sanctions and costs hearing if Roy Brown was unavailable on June 14, 2013;

AND WHEREAS following the case conference, Staff requested that the time for delivery of its written sanctions and costs submissions be extended to May 31, 2013 at 4:30 p.m. and Roy Brown took no position on Staff's request to extend the date for Staff to file its written sanctions and costs submissions with the Commission;

IT IS ORDERED that the June 14, 2013 sanctions and costs hearing date be vacated;

IT IS FURTHER ORDERED that Staff shall file written sanctions and costs submissions by 4:30 p.m. on May 31, 2013;

IT IS FURTHER ORDERED that the parties shall appear before the Commission on July 4, 2013 at 10:00 a.m. so that Roy Brown can provide the Commission with an update on his efforts to retain counsel.

DATED at Toronto this 15th day of May, 2013.

"Vern Krishna," QC