Notice of Hearing: In the Matter of Biovail Corporation et al.
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c.S.5, as amended
- and -
IN THE MATTER OF
BIOVAIL CORPORATION, EUGENE N. MELNYK,
BRIAN H. CROMBIE, JOHN R. MISZUK and KENNETH G. HOWLING
NOTICE OF HEARING
R.S.O. 1990, c.S.5, as amended
- and -
IN THE MATTER OF
BIOVAIL CORPORATION, EUGENE N. MELNYK,
BRIAN H. CROMBIE, JOHN R. MISZUK and KENNETH G. HOWLING
NOTICE OF HEARING
TAKE NOTICE that the Commission will hold a hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5 as amended (the “Act”) at the offices of the Ontario Securities Commission, 20 Queen Street West, 17th Floor, Tuesday, April 22, 2008 at 2:00 pm or as soon thereafter as the hearing can be held:
TO CONSIDER whether, pursuant to sections 127(1) and 127.1 of the Act, it is in the public interest for the Commission:
(a) to make an order pursuant to section 127(1) clause 2 of the Act that trading in securities by Eugene N. Melnyk (“Melnyk”), Brian H. Crombie (“Crombie”), John R. Miszuk (“Miszuk”) and Kenneth G. Howling (“Howling”) cease permanently;BY REASON OF the allegations set out in the Statement of Allegations dated March 24, 2008, and such additional allegations as counsel may advise and the Commission may permit;
(b) to make an order pursuant to section 127(1) clause 2.1 that acquisition of any securities by Melnyk, Crombie, Miszuk and Howling be prohibited;
(c) to make an order pursuant to section 127(1) clause 3 of the Act that any or all exemptions contained in Ontario securities law do not apply to Biovail, Melnyk, Crombie, Miszuk and Howling;
(d) to make an order pursuant to section 127(1) clause 4 of the Act that Biovail institute such changes as may be ordered by the Commission and submit to a review of its practices and procedures;
(e) to make an order pursuant to section 127(1) clause 6 of the Act that Biovail, Melnyk, Crombie, Miszuk and Howling be reprimanded;
(f) to make an order pursuant to section 127(1) clause 7 of the Act that Melnyk, Crombie, Miszuk and Howling resign all positions which they hold as an officer or director of any issuer;
(g) to make an order pursuant to section 127(1) clause 8 of the Act that Melnyk, Crombie, Miszuk and Howling be prohibited from becoming or acting as an officer or director of any issuer;
(h) to make an order pursuant to section 127(1) clause 9 of the Act that Biovail, Melnyk, Crombie, Miszuk and Howling each pay an administrative penalty of $1 million for each failure by that Respondent to comply with Ontario securities law;
(i) to make an order pursuant to section 127(1) clause 10 of the Act that Biovail disgorge to the Commission any amounts obtained as a result of non-compliance with Ontario securities law;
(j) to make an order pursuant to section 127.1 of the Act that Biovail, Melnyk, Crombie, Miszuk and Howling pay the costs of Staff’s investigation and the costs of, or related to, this proceeding, incurred by or on behalf of the Commission; and
(k) to make such other order or orders as the Commission considers appropriate.
AND TAKE FURTHER NOTICE that any party to the proceeding may be represented by counsel at the hearing;
AND TAKE FURTHER NOTICE that upon failure of any party to attend at the time and place aforesaid, the hearing may proceed in the absence of that party and such party is not entitled to any further notice of the proceeding.
DATED at Toronto this 24th day of March, 2008.
" John Stevenson "
John Stevenson
Secretary to the Commission
Secretary to the Commission
<>
TO: | BIOVAIL CORPORATION |
c/o Larry P. Lowenstein | |
Osler, Hoskin & Harcourt LLP | |
1 First Canadian Place | |
P.O. Box 50, Stn. 1st Can. Place | |
Toronto, ON, M5X 1B8 | |
|
Tel: (416) 862-6454 |
|
Fax: (416) 862-6666 |
|
Email: llowenstein@osler.com |
AND TO: | EUGENE N. MELNYK |
c/o Kent Thomson | |
Davies Ward Phillips & Vineberg LLP | |
44th Floor | |
1 First Canadian Place |
|
Toronto ON M5X 1B1 | |
|
Tel: (416) 863 5566 |
|
Fax: (416) 863 0871 |
|
Email: kentthomson@dwpv.com |
AND TO: | BRIAN H. CROMBIE |
c/o Paul Le Vay | |
Stockwoods LLP | |
The Sun Life Tower | |
2512-150 King St. W. | |
Toronto, ON M5H 1J9 | |
|
Tel: (416) 593-2493 |
|
Fax: (416) 593-9345 |
|
Email: paullv@stockwoods.ca |
AND TO: | JOHN R. MISZUK |
c/o Wendy Berman | |
Heenan Blaikie LLP | |
2600-200 Bay Street | |
South Tower | |
Royal Bank Tower | |
|
Toronto, ON M5J 2J4 |
|
Tel: (416) 360-3548 |
|
Fax: (416) 360-8425 |
|
Email: wberman@heenan.ca |
AND TO: | KENNETH G. HOWLING |
c/o Joel Wiesenfeld | |
Torys LLP | |
Suite 3000 | |
79 Wellington St. W., TD Centre | |
PO Box 270, Stn., Toronto Dom. | |
|
Toronto, ON, M5K 1N2 |
|
Tel: (416) 865-8160 |
|
Fax: (416) 865-7380 |
|
Email: jwiesenfeld@torys.com |