Notice of Hearing: In the Matter of Donna Hutchinson et al.
IN THE MATTER OF
DONNA HUTCHINSON, CAMERON EDWARD CORNISH,
DAVID PAUL GEORGE SIDDERS and PATRICK JELF CARUSO
NOTICE OF HEARING
(Subsection 127(1) and Section 127.1)
TAKE NOTICE that the Ontario Securities Commission (the “Commission”) will hold a hearing pursuant to section 127 and section 127.1 of the Ontario Securities Act, RSO 1990, c S.5 (the “Act”), at the offices of the Commission located at 20 Queen Street West, Toronto, 17th Floor on October 24, 2017 at 10:00 a.m. or so soon thereafter as the hearing can be held;
AND TAKE NOTICE that the purpose of the hearing is to consider whether, in the Commission’s opinion, it is in the public interest for the Commission to make the following orders:
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- trading in any securities by Donna Hutchinson, Cameron Edward Cornish, David Paul George Sidders and Patrick Jelf Caruso (collectively, the “Respondents”) cease permanently or for such period as is specified by the Commission, pursuant to paragraph 2 of subsection 127(1) of the Act;
- the acquisition of any securities by the Respondents is prohibited permanently or for such period as is specified by the Commission, pursuant to paragraph 2.1 of subsection 127(1) of the Act;
- any exemptions contained in Ontario securities law do not apply to the Respondents permanently or for such other period as is specified by the Commission, pursuant to paragraph 3 of subsection 127(1) of the Act;
- each Respondent disgorge to the Commission any amounts obtained as a result of non-compliance by that Respondent with Ontario securities law, pursuant to paragraph 10 of subsection (1) of the Act;
- the Respondents be reprimanded, pursuant to paragraph 6 of subsection 127(1) of the Act;
- the Respondents resign one or more positions that they hold as a director or officer of any issuer, registrant, and investment fund manager, pursuant to paragraphs 7, 8.1, and 8.3 of subsection 127(1) of the Act;
- the Respondents be prohibited from becoming or acting as a director or officer of any issuer, registrant, and investment fund manager, pursuant to paragraphs 8, 8.2 and 8.4 of subsection 127(1) of the Act;
- the Respondents be prohibited from becoming or acting as a registrant, as an investment fund manager, and as a promoter, pursuant to paragraph 8.5 of subsection 127(1) of the Act;
- the Respondents each pay an administrative penalty of not more than $1 million for each failure by that Respondent to comply with Ontario securities law, pursuant to paragraph 9 of subsection 127(1) of the Act;
- the Respondents be ordered to pay the costs of the Commission investigation and the hearing, pursuant to section 127.1 of the Act; and
- such other order as the Commission considers appropriate in the public interest;
BY REASON OF the allegations set out in the Statement of Allegations of Staff of the Commission dated September 21, 2017 and such additional allegations as counsel may advise and the Commission may permit;
AND TAKE FURTHER NOTICE that any party to the proceeding may be represented by counsel at the hearing;
AND TAKE FURTHER NOTICE that upon the failure of any party to attend at the time and place set out in this Notice of Hearing, the hearing may proceed in the absence of that party, and such party is not entitled to any further notice of the proceeding;
AND TAKE FURTHER NOTICE that the Notice of Hearing is also available in French on request of a party, participation may be in either French or English and participants must notify the Secretary’s Office in writing as soon as possible, and in any event, at least thirty (30) days before a hearing if the participant is requesting a proceeding to be conducted wholly or partly in French;
ET AVIS EST ÉGALEMENT DONNÉ PAR LA PRÉSENTE que l'avis d'audience est disponible en français sur demande d’une partie, que la participation à l'audience peut se faire en français ou en anglais et que les participants doivent aviser le Bureau du secrétaire par écrit le plus tôt possible et, dans tous les cas, au moins trente (30) jours avant l'audience si le participant demande qu'une instance soit tenue entièrement ou partiellement en français.
DATED at Toronto, this 21st day of September, 2017.
Grace Knakowski