THE MANITOBA SECURITIES COMMISSION IN THE MATTER OF: THE SECURITIES ACT -and-IN THE MATTER OF: JOHN HERBERT HOLT BY, KENNETH MICHAEL BURDEYNEY, GAYLE MARIE WALT ON, RANDALL GEORGE KOWALCHUK, DALE FRANCIS HOLT BY AND JOHN JACOB SHEPERT 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 18 1 h day of September, 2013 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 pursuant to section 148.4 of The Securities Act, R.S.M. 1988, c. S50 as amended ("Act"): 1. whether or not it is in the public interest to order, pursuant to section 148 of the Act, that John Herbert Holtby ("Bert HOL TBY"), Kenneth Michael Burdeyney ("BURDEYNEY"),Gayle Marie Walton ("WALT ON"), Randall George Kowalchuk ("KOWALCHUK"), Dale Francis Holtby ("Dale HOLT BY"), and/or John Jacob Shepert ("SHEPERT") be cease traded ; 2. whether or not it is in the public interest to order, pursuant to section 148.3 of the Act, that Bert HOL TBY, BURDEYNEY, WALT ON , KOWALCHUK, Dale HOL TBY, and/or SHEPERT resign all positions he or she holds as a director or officer and be prohibited from becoming or acting as a director or officer or both of any reporting issuer; 3. 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 a Decision of the Alberta Securities Commission ("ASC") dated June 27, 2013, to be filed , and such other material as staff counsel may advise and the panel may allow. 500-400 St. Mary Avenue, Winnipeg, Manitoba R3C 4K5 • tel: (204) 945 .2548 •fax: (204) 945.0330 • www.msc.gov.mb.ca
Page 2 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 10th day of July, 2013. TO: JOHN HERBERT HOLT BY AND TO: KENNETH MICHAEL BURDEYNEY AND TO: GAYLE MARIE WAL TON AND TO: RANDALL GEORGE KOWALCHUK AND TO: DALE FRANCIS HOLT BY AND TO: JOHN JACOB SHEPERT
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.