Order: In the Matter of Bernard Boily

Order
Download PDF






IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c. S.5 AS AMENDED

- AND -

IN THE MATTER OF BERNARD BOILY
ORDER

(Section 127)



    WHEREAS the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing and Staff of the Commission (“Staff”) filed a Statement of Allegations in this matter on March 29, 2011 against Bernard Boily (the “Respondent”);

    AND WHEREAS on April 28, 2011, the Commission ordered that the matter be adjourned to June 29, 2011;

    AND WHEREAS on July 5, 2011, the Commission ordered that the matter be adjourned to a confidential pre-hearing conference to be held on September 13, 2011 and that the following dates be reserved for the hearing on the merits in this matter: April 2, 3, 4, 5, 9, 11, 12, 13, 16, 17, 18, 19, 20, 23, 25, 26 and 27, 2012;

    AND WHEREAS on September 13, 2011, the Commission ordered that the matter be adjourned to a confidential pre-hearing conference to be held on November 10, 2011 and that the hearing on the merits in this matter shall commence on April 2, 2012 at 10:00 a.m. and continue on the following dates: April 3, 4, 5, 9, 11, 12, 13, 16, 17, 18, 19, 20, 23, 25, 26 and 27, 2012;

    AND WHEREAS on November 10, 2011, the Commission ordered that the matter be adjourned to a confidential pre-hearing conference to be held on December 13, 2011 at 9:00 a.m.;

    AND WHEREAS on December 13, 2011, the Commission ordered that the matter be adjourned to a confidential pre-hearing conference to be held on January 30, 2012 at 2:00 p.m.;

    AND WHEREAS on January 30, 2012, counsel for Staff and the Respondent appeared before the Commission for a pre-hearing conference and the Commission advised counsel for Staff and the Respondent that it would be necessary to postpone the hearing on the merits of this matter until the fall of 2012;

    AND WHEREAS on January 30, 2012, the Commission ordered that the hearing on the merits originally scheduled to begin on April 2, 2012 be adjourned to a date in the fall of 2012 to be set by the Secretary’s Office in consultation with the parties;

    AND WHEREAS on February 17, 2012, the Commission ordered that the hearing on the merits of this matter shall commence on November 21, 2012 at 10:00 a.m. and shall continue on November 22, 23, 26, 27, 28, 29 and 30 and December 3, 5, 6, 7, 10, 11, 12, 13 and 14, 2012, each day commencing at 10:00 a.m.;

    AND WHEREAS on October 19, 2012, the Commission advised Staff and the Respondent that the Commission was unable to hold the hearing as originally scheduled on November 21, 22, 23, 26, 27, 28, 29 and 30 and December 3, 5, 6, 7, 10, 11, 12, 13 and 14, 2012;

    AND WHEREAS on December 21, 2012, the Commission ordered that the dates set for the hearing on the merits of this matter which had been scheduled for November 21, 22, 23, 26, 27, 28, 29 and 30 and December 3, 5, 6, 7, 10, 11, 12, 13 and 14, 2012 be vacated and that the hearing on the merits shall commence on March 25, 2013 at 10:00 a.m. and shall continue thereafter on March 27 and 28, April 8, 10, 11, 12, 17 and 19, May 13, 14, 15, 16, 17 and 22, and June 24, 25, 26, 27 and 28, 2013;

    AND WHEREAS on March 15, 2013, counsel for Staff and counsel for the Respondent appeared before the Commission for the purposes of a case management conference;

    AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;

    IT IS ORDERED that,

  1. the dates of March 25, 27 and 28, 2013 scheduled for the hearing on the merits of this matter shall be vacated; and
  2. the hearing on the merits shall commence on April 8, 2013 at 1:00 p.m. and shall continue thereafter on April 10, 11, 12, 17 and 19, May 13, 14, 15, 16, 17 and 22, and June 24, 25, 26, 27 and 28, 2013 commencing each day at 10 a.m.

    DATED at Toronto this 18th day of March, 2013.

 

" Alan Lenczner "
Alan Lenczner, Q.C.