Securities Law & Instruments


IN THE MATTER OF

THE SECURITIES ACT,
R.S.O. 1990, c S.5

AND

IN THE MATTER OF
STEVEN J. MARTEL,
MARTEL GROUP OF COMPANIES INC. and
8446997 CANADA INC.

ORDER

                WHEREAS:

1.             On March 29, 2016, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing in respect of a Statement of Allegations filed by Staff of the Commission (“Staff”) on March 29, 2016, in which Staff sought an order against Steven J. Martel (“Martel”), Martel Group of Companies Inc. and 8446997 Canada Inc. (collectively, the “Respondents”) pursuant to subsection 127(1) and section 127.1 of the Securities Act, RSO 1990, c S.5 (the “Act”);

2.             On January 11, 2017, Staff and counsel for Martel attended a pre-hearing conference and made submissions and the Commission made an order, among other things, scheduling a motion brought by Martel seeking a stay of proceedings for April 27, 2017 and a timeline for the exchange of materials (the “January 2017 Order”);

3.             On February 6, 2017, Martel served and filed an Amended Notice of Motion and Motion Record, seeking a stay of proceedings and other relief, including constitutional relief (the “Privilege Motion”);

4.             On February 22, 2017, Staff served and filed a Notice of Motion seeking an adjournment of the Privilege Motion and an extension to the timeline for the exchange of materials (the “Extension Motion”);

5.             On March 2, 2017, counsel for Martel and counsel for Staff attended at a hearing and made submissions and the Commission ordered that the Extension Motion be adjourned to March 16, 2017 at 10:00 a.m. and that the obligations of the parties to serve and file the materials and conduct cross-examinations in advance of the hearing of the Privilege Motion, pursuant to the schedule set out in the January 2017 Order, be adjourned to such other dates to be determined by the Commission after hearing the Extension Motion; and

6.             On March 16, 2017, counsel for Staff attended at a hearing and made submissions, including that
Staff and counsel for Martel consented to the following order;

                IT IS ORDERED that:

1.             The hearing of the Extension Motion is hereby vacated;

2.             The Privilege Motion is adjourned to June 15 at 10:00 a.m., continuing on June 16, 2017, or such other dates as may be agreed to by the parties and set by the Office of the Secretary, and the parties shall adhere to the following timeline for the exchange of materials:

a.             Staff shall serve and file a responding motion record no later than March 22, 2017;

b.             cross-examinations on affidavits, if any, will be conducted during the week of April 24, 2017;

c.             Martel shall serve and file a memorandum of fact and law no later than May 10, 2017;

d.             Staff shall serve and file a responding memorandum of fact and law no later than May 26, 2017; and

e.             Martel shall serve and file a reply memorandum of fact and law, if any, no later than June 2, 2017.

                DATED at Toronto, this 24th day of March, 2017.

“D. Grant Vingoe”