IN THE MATTER OF THE SECURITIES ACT, R.S.O. 1990, c. S.5, AS AMENDED AND THE MATTER OF A REQUEST FOR A HEARING AND REVIEW OF THE DECISION OF A HEARING PANEL OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA DATED MARCH 17, 2015 AND IN THE MATTER OF DANIEL WILLIAM YANAKY
1. on September 14, 2015, the Ontario Securities Commission (the "Commission") issued a Notice of Hearing, pursuant to sections 8 and 21.7 of the Securities Act, R.S.O. 1990, c. S.5, as amended, that a request made by Daniel William Yanaky (the "Applicant") for a Hearing and Review of a decision of a hearing panel of the Mutual Fund Dealers Association of Canada (the "MFDA") dated March 17, 2015 will be heard on February 4, 2016;
2. on January 11, 2016, the Applicant requested that the February 4, 2016 hearing date for the Hearing and Review be adjourned;
3. on January 13, 2016, Staff of the Commission supported by Staff of the MFDA requested that a confidential pre-hearing conference be held;
4. on January 19, 2016, the Registrar of the Commission advised the parties that a confidential pre-hearing conference would be held on February 2, 2016 at 3:00 p.m.;
5. on February 2, 2016, the Applicant and Staff of the MFDA appeared via conference call and Staff of the Commission appeared in person at the confidential pre-hearing conference and made submissions; and
6. the Commission is of the opinion that it is in the public interest to make this order.
IT IS ORDERED that:
1. the February 4, 2016 hearing date scheduled for the Hearing and Review is vacated;
2. the Applicant shall serve and file his memorandum of fact and law by April 27, 2016;
3. Staff of the MFDA and Staff of the Commission shall each file their memorandum of fact and law at least 15 days before the hearing; and
4. the Hearing and Review shall take place on June 2, 2016 at 10:00 a.m. or as soon thereafter as the hearing can be held.
DATED at Toronto, this 8th day of February, 2016.