IN THE MATTER OF THE SECURITIES ACT, R.S.O. 1990, c. S.5, AS AMENDED AND IN THE MATTER OF FRED LOUIS SEBASTIAN
ORDER (Subsections 127(1) and 127(10) of the Securities Act)
1. on November 17, 2015, the Ontario Securities Commission (the "Commission") issued a Notice of Hearing pursuant to sections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the "Act") in respect of Fred Louis Sebastian ("Sebastian");
2. on November 16, 2015, Staff of the Commission ("Staff") filed a Statement of Allegations in respect of the same matter;
3. on December 16, 2015, Staff appeared before the Commission and brought an application to convert the matter to a written hearing, in accordance with Rule 11.5 of the Commission's Rules of Procedure (2014), 37 OSCB 4168, and subsection 5.1(1) of the Statutory Power Procedures Act, R.S.O. 1990, c. S.22, as amended;
4. on December 16, 2015, Staff made submissions and filed an affidavit of service of Lee Crann sworn December 9, 2015, indicating steps taken by Staff to serve Sebastian with the Notice of Hearing, Statement of Allegations and Staff's disclosure materials, and filed an email exchange between Lee Crann and Sebastian dated November 18, 2015 and December 15, 2015;
5. Sebastian did not appear or make submissions, although properly served;
6. the Commission is of the opinion that it is in the public interest to make this order;
IT IS HEREBY ORDERED THAT:
(a) Staff's application to proceed by way of written hearing is granted;
(b) Staff's materials in respect of the written hearing shall be served and filed no later than December 29, 2015;
(c) Sebastian's responding materials, if any, shall be served and filed no later than January 26, 2016; and
(d) Staff's reply materials, if any, shall be served and filed no later than February 9, 2016.
DATED at Toronto this 16th day of December, 2015.