Order: In the Matter of Abel Da Silva

WHEREAS on October 21^st, 2008 the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing in this matter and scheduled a hearing to commence on November 27th, 2008 at 3:00 p.m.;

AND WHEREAS Staff of the Ontario Securities Commission (“Staff”) filed a Statement of Allegations dated October 20^th, 2008 with the Commission;

AND WHEREAS Staff served Abel Da Silva (“Da Silva”) with a certified copy of the Notice of Hearing and Staff’s Statement of Allegations as evidenced by the Affidavit of Service of Wayne Vanderlaan, sworn on November 10^th, 2008, filed with the Commission;

AND WHEREAS a panel of the Commission held a hearing on November 27^th, 2008 at 3:00 p.m. and Staff attended and made submissions, including advising the Panel that the disclosure was available on this matter, and Staff undertook to notify Da Silva that disclosure is available;

AND WHEREAS on November 27^th, 2008, Da Silva did not appear at the hearing;

AND WHEREAS on November 27^th, 2008, a panel of the Commission ordered that the hearing in this matter is adjourned to June 4^th, 2009 at 11:00 a.m.

AND WHEREAS Staff served Da Silva with a certified copy of the Order of the Commission dated November 27^th, 2008 as evidenced by the Affidavit of Service of Kathleen McMillan sworn on June 3^rd, 2009;

AND WHEREAS on June 4^th and September 10^th, 2009, January 12^th, April 12^th, and June 30^th, 2010, status hearings were held and Staff appeared before a panel of the Commission and provided the panel of the Commission with a status update with respect to this matter;

AND WHEREAS on June 4^th and September 10^th, 2009, January 12^th, April 12^th, and June 30^th, 2010, Da Silva did not attend before the Commission despite being made aware of the hearing dates;

AND WHEREAS on June 4^th and September 10^th, 2009, January 12^th, April 12^th, June 30^th, 2010 and September 2^nd, 2010, the Commission considered the submissions of Staff and was of the opinion that it was in the public interest to adjourn the hearing;

AND WHEREAS on September 2^nd, 2010, a panel of the Commission ordered that the hearing with respect to the Notice of Hearing dated October 21^st, 2008 and Staff’s Statement of Allegations dated October 20^th, 2008 is adjourned to October 5^th, 2010 at 10:00 a.m.;

AND WHEREAS on September 20^th, 2010, Staff filed an Amended Statement of Allegations and Notice of Hearing in this matter;

AND WHEREAS on September 21^st, 2010, Staff served Da Silva with a certified copy of the Notice of Hearing and Staff’s Amended Statement of Allegations dated September 20^th, 2010 as evidenced by the Affidavit of Service of Charlene Rochman, sworn on October 1^st, 2010, filed with the Commission

AND WHEREAS on October 5^th, 2010, a status hearing was held, Da Silva did not attend, and the panel of the Commission ordered hat the hearing with respect to the Notice of Hearing dated September 20^th, 2010 and Staff’s Amended Statement of Allegations dated September 20^th, 2010 be adjourned to October 27^th, 2010 at 2:30 p.m. for the purpose of having a pre-hearing conference;

AND WHEREAS on October 26^th, 2010, a pre-hearing conference was held, Da Silva did not attend despite being advised of the pre-hearing conference, and Staff made submissions to the panel of the Commission;

AND WHEREAS on October 26^th, 2010, the panel of the Commission ordered that the hearing with respect to the Notice of Hearing dated September 20^th, 2010 and Staff’s Amended Statement of Allegations dated September 20^th, 2010 be adjourned to November 29^th, 2010 at 10 a.m.;

AND WHEREAS on October 26^th, 2010, the panel of the Commission further ordered that should Da Silva not appear at the hearing on the merits on November 29^th, 2010 at 10:00 a.m. and an affidavit of service is provided to the Commission by Staff confirming that Da Silva was made aware of the hearing date, Staff will bring a motion on November 29^th, 2010 to have the hearing on the merits proceed in writing;

AND WHEREAS on November 29^th, 2010, Staff attended before a panel of the Commission and Da Silva did not attend despite being made aware of the hearing date as evidenced by the Affidavit of Charlene Rochman, sworn on November 24^th, 2010 (the “November 24^th Rochman Affidavit”);

AND WHEREAS on November 29^th, 2010, Staff brought a motion, pursuant to Rules 5 and 6 of the Commission’s Rules of Practice, for an order that the hearing on the merits in this matter be converted from an oral hearing to a written hearing;

AND WHEREAS on November 29^th, 2010, Staff satisfied a panel of the Commission, relying on the November 24^th Rochman Affidavit, that Da Silva had been served with Staff’s Notice of Motion and with the Affidavit of Wayne Vanderlaan, sworn November 10^th, 2010 and Staff’s Written Submissions for a written hearing on the merits in this matter (“Staff’s Written Materials”);

AND WHEREAS on November 29^th, 2010, Staff filed Staff’s Written Materials with the Commission for use on a written hearing on the merits in this matter;

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

IT IS ORDERED that the hearing on the merits in this matter be converted from an oral hearing to a written hearing; and

IT IS FURTHER ORDERED that Da Silva has until December 8^th, 2010 to file any written materials for use on the written hearing on the merits in this matter.

 

DATED at Toronto this 29^th day of November, 2010.