IN THE MATTER OF THE SECURITIES ACT, R.S.O. 1990, c. S.5, AS AMENDED AND IN THE MATTER OF WILLIAM McDONALD FERGUSON
ORDER (Subsections 127(1) and 127(10) of the Securities Act)
1. On September 22, 2014, the Ontario Securities Commission (the "Commission") issued a Notice of Hearing pursuant to subsections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the "Act") in respect of William McDonald Ferguson ("Ferguson");
2. On September 22, 2014, Staff of the Commission ("Staff") filed a Statement of Allegations in respect of the same matter;
3. On October 24, 2014, Staff appeared before the Commission and brought an application to convert this matter to a written hearing and Ferguson did not appear;
4. On October 24, 2014, Staff filed an affidavit of service sworn by Lee Crann, a Law Clerk with the Commission, and marked as Exhibit "1", which documented steps taken by Staff to serve Ferguson with the Notice of Hearing, Statement of Allegations and Staff's disclosure materials, and made submissions to the Commission;
5. On November 17, 2014, the Commission granted Staff's application to proceed by way of written hearing;
6. Staff filed written materials, a hearing brief, and a book of authorities; and
7. The Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED THAT:
1. Pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities by Ferguson in Ontario shall cease until June 4, 2017, except that Ferguson may trade in securities through one account in his own name with a person registered to trade in securities under the Act, if he has first provided the registered representative with a copy of the BCSC Order, and a copy of the Order of the Commission in this proceeding before any trade takes place; and
2. Pursuant to paragraph 1 of subsection 127(1) of the Act, Ferguson shall be prohibited under Ontario securities law from being registered in any category from which he is prohibited by the BCSC Order until the later of:
a. three years from the date of the BCSC Order;
b. the date Ferguson becomes registered under the BC Act;
c. the date Ferguson complies with his undertakings, as set out in the Settlement Agreement.
DATED at Toronto this 7th day of October, 2015.