Notice of Hearing: In the Matter of Darryl Brubacher et al.

Notice of Hearing
Download PDF

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

- AND -

IN THE MATTER OF DARRYL BRUBACHER, ANDREW MARTIN
AND TADD INVESTMENT PROPERTIES INC.

NOTICE OF HEARING
(Sections 127 and 127.1)



    TAKE NOTICE THAT the Ontario Securities Commission (the "Commission") will hold a hearing pursuant to sections 127 and 127.1 of the Ontario Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) at the offices of the Commission at 20 Queen Street West, 17th Floor Hearing Room on April 12, 2012 at 2:00 p.m., or as soon thereafter as the hearing can be held, to consider:

  1. whether, in the opinion of the Commission, it is in the public interest, pursuant to sections 127 and 127.1 of the Act to order that:
    1. trading in any securities by the Respondents cease permanently or for such period as is specified by the Commission;
    2. the acquisition of any securities by the Respondents is prohibited permanently or for such other period as is specified by the Commission;
    3. any exemptions contained in Ontario securities law do not apply to the Respondents permanently or for such period as is specified by the Commission;
    4. the Respondents be reprimanded;
    5. Darryl Brubacher and Andrew Martin (the “Individual Respondents”) resign one or more positions that they hold as a director or officer of any issuer, registrant or investment fund manager;
    6. the Individual Respondents be prohibited from becoming or acting as a director or officer of any issuer, registrant or investment fund manager;
    7. the Respondents be prohibited from becoming or acting as a registrant, as an investment fund manager or as a promoter;
    8. the Respondents pay an administrative penalty of not more than $1 million for each failure by that Respondents to comply with Ontario securities law;
    9. the Respondents disgorge to the Commission any amounts obtained as a result of non-compliance by that Respondent with Ontario securities law; and
    10. the Respondents be ordered to pay the costs of the Commission investigation and the hearing;
  2. whether to make such further orders as the Commission considers appropriate.

    BY REASON OF the allegations as set out in the Statement of Allegations of Staff of the Commission dated April 11, 2012 and such additional allegations as counsel may advise and the Commission may permit;

    AND BY REASON OF the evidence filed with the Commission and the testimony heard by the Commission;

    AND TAKE FURTHER NOTICE that any party to the proceedings 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 proceedings.

    DATED at Toronto this 11th day of April, 2012

 

" John Stevenson "
John Stevenson