Order: In the Matter of Vincent George DeLaet et al.
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
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IN THE MATTER OF
VICTOR GEORGE DeLAET and
STANLEY KENNETH GITZEL
ORDER
(Subsections 127(1) and 127(10) of the Securities Act)
WHEREAS on November 12, 2013, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in respect of Victor George DeLaet (“DeLaet”) and Stanley Kenneth Gitzel (“Gitzel”) (together, the “Respondents”);
AND WHEREAS on November 12, 2013, Staff of the Commission (“Staff”) filed a Statement of Allegations in respect of the same matter;
AND WHEREAS on November 27, 2013, the Commission heard an application by Staff to convert the matter to a written hearing, in accordance with Rule 11.5 of the Ontario Securities Commission Rules of Procedure (2012), 35 O.S.C.B. 10071, and subsection 5.1(2) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended;
AND WHEREAS the Respondents did not appear, although properly served;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS HEREBY ORDERED THAT:
(a) Staff’s application to proceed by way of written hearing is granted;
(b) Staff’s materials in respect of the written hearing shall be served and filed no later than December 10, 2013;
(c) Staff are relieved from the requirement to provide the Respondents with any authorities upon which Staff relies that are contained within the Commission’s Book of Authorities, and where Staff do rely on any such authority, Staff shall provide the Respondents with written instructions on how to locate the Commission’s Book of Authorities;
(d) the Respondents’ responding materials, if any, shall be served and filed no later than January 10, 2014; and
(e) Staff’s reply materials, if any, shall be served and filed no later than January 17, 2014.
DATED at Toronto this 27th day of November, 2013.
James E.A. Turner