Order: In the Matter of Neil Suresh Chandran et al.

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

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IN THE MATTER OF
NEIL SURESH CHANDRAN, ENERGY TV INC.,
CHADRAN HOLDING MEDIA, INC., also known as
CHANDRAN HOLDINGS & MEDIA INC.,
and NEIL SURESH CHANDRAN doing business as CHANDRAN MEDIA

ORDER
(Subsections 127(1) and 127(10) of the Securities Act)



WHEREAS:

  1. on November 17, 2015, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to subsections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in respect of Neil Suresh Chandran (“Chandran”), Energy TV Inc. (“TV”), Chandran Holding Media, Inc., also known as Chandran Holdings & Media Inc. (“Holdings”), and Chandran doing business as Chandran Media (“Chandran Media”) (collectively the “Respondents”);
  2. on November 16, 2015, Staff of the Commission (“Staff”) filed a Statement of Allegations in respect of the same matter;
  3. on December 16, 2015, Staff appeared before the Commission in respect to Staff’s application to convert the matter to a written hearing, in accordance with Role 11.5 of the Commission’s Roles of Procedure (2014), 37 OSCB 4168, and subsection 5.1(1) of the Statutory Power Procedures Act, R.S.O. 1990, c. S.22, as amended;
  4. on December 16, 2015, Staff made submissions and filed an affidavit of service of Lee Crann sworn December 9, 2015, and a supplementary affidavit of service of Lee Crann sworn December 14, 2015, indicating steps taken by Staff to serve the Respondents with the Notice of Hearing, Statement of Allegations and Staff’s disclosure materials, and filed an email exchange between Lee Crann and Chandran dated December 14, 2015;
  5. the Respondents did not appear or make submissions, although properly served;
  6. Staff advised that Chandran had requested an adjournment to retain counsel, and Staff did not object to Chandran's request;
  7. on December 16, 2015, the Commission ordered that the hearing in this matter is adjourned to January 11, 2016, at 10:00 a.m.;
  8. on January 8, 2016, Staff filed an affidavit of service of Lee Crann sworn January 8, 2016, indicating steps taken by Staff to serve the Respondents with the Commission's Order dated December 16, 2015, and email communications exchanged between Staff and Chandran;
  9. on January 11, 2016, Staff appeared before the Commission and made submissions;
  10. Chandran advised Staff on January 11, 2016, that he woold not be attending the hearing to be held at 10:00 a.m. that day;
  11. the Respondents did not appear or make submissions, although properly served;
  12. on January 11, 2016, the Commission granted Staff’s application to proceed by written hearing and set down a schedole for the submission of materials by the parties;
  13. Staff filed written submissions, a brief of authorities, a hearing brief and affidavits of service;
  14. The Respondents did not file responding written submissions, and
  15. the Commission is of the opinion that it is in the public interest to make this order;

IT IS HEREBY ORDERED THAT:

  1. against Chandran that:
      1. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities by Chandran shall cease permanently, except that he may trade securities through a registrant (who has first been given copies of the order of the Alberta Securities Commission (the "ASC") dated May 19, 2015 (the "ASC Order"), the Statement of Admissions and Joint Recommendation as to Sanction entered into between the Respondents and ASC Staff (the "Statement"), and a copy of the Order of the Commission in this proceeding) in registered retirement savings plans, registered retirement income funds, registered education savings plans or tax-free savings accounts (as defined in the Income Tax Act (Canada)) or in comparable plans, funds or accounts under United States income tax laws, operated in each case for the benefit of himself or one or more members of his immediate family;
      2. pursuant to paragraph 2.1 of subsection 127(1) of the Act, acquisition of any securities by Chandran shall be prohibited permanently, except that he may acquire securities through a registrant (who has first been given copies of the ASC Order, the Statement and a copy of the Order of the Commission in this proceeding), in registered retirement savings plans, registered retirement income funds, registered education savings plans or tax-free savings accounts (as defined in the Income Tax Act (Canada)) or in comparable plans, funds or accounts under United States income tax laws, operated in each case for the benefit of himself or one or more members of his immediate family;
      3. pursuant to paragraph 3 of subsection 127(1) of the Act, any exemptions contained in Ontario securities laws do not apply to Chandran, permanently;
      4. pursuant to paragraphs 7, 8.1 and 8.3 of subsection 127(1) of the Act, Chandran shall resign any positions that he holds as a director or officer of any issuer, registrant or investment fund manager;
      5. pursuant to paragraphs 8, 8.2 and 8.4 of subsection 127(1) of the Act, Chandran shall be prohibited permanently from becoming or acting as a director or officer of any issuer, registrant or investment fund manager; and
      6. pursuant to paragraph 8.5 of subsection 127(1) of the Act, Chandran shall be prohibited permanently from becoming or acting as a registrant;
  1. against TV, Holdings and Chandran Media that:
      1. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities of TV, Holdings and Chandran Media shall cease, permanently;
      2. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities by TV, Holdings and Chandran Media shall cease, permanently;
      3. pursuant to paragraph 2.1 of subsection 127(1) of the Act, acquisition of any securities by TV, Holdings and Chandran Media shall be prohibited, permanently;
      4. pursuant to paragraph 3 of subsection 127(1) of the Act, any exemptions contained in Ontario securities laws do not apply to TV, Holdings and Chandran Media, permanently; and
      5. pursuant to paragraph 8.5 of subsection 127(1) of the Act, TV, Holdings and Chandran Media are each prohibited from becoming or acting as a registrant, as an investment fund manager or as a promoter, permanently.

DATED at Toronto this 4th day of March, 2016.



" Janet Leiper "
Janet Leiper