IN THE MATTER OF: |
THE SECURITIES ACT |
-and-
IN THE MATTER OF: |
KERRY JOHN O'NEILL |
NOTICE OF HEARING
TAKE NOTICE that The Manitoba Securities Commission ("Commission") will hold a public hearing ("Hearing") at its offices at Room 500 - 400 St. Mary Avenue, Winnipeg, Manitoba on Wednesday, the 31st day of March, 2010 commencing at 9:00 o'clock in the forenoon or so soon thereafter as the Hearing can be held, and from day to day thereafter until the Hearing is concluded, to consider:
1. whether or not it is in the public interest to order, pursuant to section 148 of The Securities Act, R.S.M. 1988, c. S50 as amended ("Act"), that all trading in securities by Kerry John O'Neill ("O'NEILL") cease;
2. whether or not it is in the public interest to order, pursuant to section 148.3 of the Act, that O'NEILL resign any position he may hold as, and be prohibited from becoming or acting as, a director or officer of any issuer;
3. whether or not one or more orders should be made against O'NEILL pursuant to section 148.4 of the Act;
4. such further and other matters and the making of such further and other orders as the Commission may deem appropriate.
BY REASON OF THE FOLLOWING ALLEGATIONS:
By reason of the consent of the respondent as evidenced in a Settlement Agreement dated September 9, 2009 between the respondent and the Executive Director of the British Columbia Securities Commission, and the admitted facts contained therein, and the resulting order of the Executive Director of the British Columbia Securities Commission dated September 9, 2009, to be filed.
AND FURTHER TAKE NOTICE that a person or company attending or submitting evidence at the Hearing may be represented by counsel of its choice.
AND FURTHER TAKE NOTICE that any party to the proceedings may, at the Hearing, call witnesses and submit such evidence relevant to the Hearing as it may wish and, for that purpose, it may obtain from the Director of the Commission at Room 500 - 400 St. Mary Avenue, Winnipeg, Manitoba, a form or forms of summons to compel the attendance of witnesses.
AND FURTHER TAKE NOTICE that upon failure of any party to attend at the time and place aforesaid, the Hearing may proceed in that party's absence and the Commission may make or give any decision or order as though that party were present.
DATED at Winnipeg, Manitoba this 1st day of March, 2010.
Director, Legal and Enforcement
TO: KERRY JOHN O'NEILL