Order: In the Matter of Steven J. Martel et al.

IN THE MATTER OF
THE SECURITIES ACT, RSO 1990, c S.5

- AND -

IN THE MATTER OF STEVEN J. MARTEL,
MARTEL GROUP OF COMPANIES INC. and 8446997 CANADA INC.

ORDER
(Section 127 of the Securities Act)

WHEREAS:

1. On March 29, 2016, Staff of the Ontario Securities Commission filed a Statement of Allegations and the Commission issued a Notice of Hearing in respect of that Statement of Allegations, setting April 15, 2016 as the hearing date;
2. On April 15, 2016, Staff of the Commission and an agent for a respondent, Steven J. Martel (“Martel”), attended the hearing.  The Commission adjourned the matter to a Second Appearance on August 10, 2016 and ordered a schedule for delivery of Staff’s disclosures, witness lists and information regarding experts;
3. On August 10, 2016, Staff and counsel for Martel attended the Second Appearance and requested the scheduling of a pre-hearing conference.  The Commission ordered that the matter be adjourned to a prehearing conference on September 27, 2016;
4. On September 27, 2016, Staff and counsel for Martel attended a pre-hearing conference and requested the scheduling of a further pre-hearing conference and a Third Appearance.  The Commission issued an Order (the “September 2016 Order”), adjourning this matter to a further pre-hearing conference on November 4, 2016, scheduling the Third Appearance for December 12, 2016, and ordering delivery of the respondents’ witness lists, witness summaries and information regarding experts by no later than 30 days before the date of the Third Appearance;
5. On October 31, 2016, counsel for Martel requested amendments to the schedule set in the September 2016 Order and Staff consented;
6. On November 2, 2016, the Commission issued an Order vacating the pre-hearing conference scheduled for November 4, 2016, vacating the Third Appearance scheduled for December 12, 2016, adjourning this matter to a further pre-hearing conference on December 12, 2016 and adjourning the respondents’ other obligations arising out of the September 2016 Order pending the rescheduling of the Third Appearance;
7. On December 8, 2016, counsel for Martel and counsel for Staff agreed to request an adjournment of the pre-hearing conference scheduled for December 12, 2016.  The Commission issued an Order, vacating the pre-hearing conference scheduled for December 12, 2016 and adjourning this matter to a further pre-hearing conference on January 11, 2017;
8. On January 11, 2017, Staff and counsel for Martel attended a pre-hearing conference and Martel requested the scheduling of a motion seeking a stay of proceedings.  The Commission issued an Order scheduling a motion brought by Martel seeking a stay of proceedings for April 27, 2017 and a timeline for the exchange of materials (the “January 2017 Order”);
9. On February 6, 2017, Martel served and filed an Amended Notice of Motion and Motion Record, seeking a stay of proceedings and other relief, including constitutional relief (the “Privilege Motion”);
10. On February 22, 2017, Staff served and filed a Notice of Motion seeking an adjournment of the Privilege Motion and an extension to the timeline for the exchange of materials (the “Extension Motion”).  The Extension Motion was scheduled to be heard on March 2, 2017 at 9:00 a.m.;
11. On March 1, 2017, counsel for Martel and counsel for Staff agreed to request an adjournment of the Extension Motion to March 16, 2017 and to adjourn the obligations of the parties to serve and file materials as set down in the January 2017 Order; and
12. On March 2, 2017, counsel for Martel and counsel for Staff appeared before the Panel and requested an adjournment of the Extension Motion and an adjournment of the obligations of the parties to serve and file materials as set down in the January 2017 Order, on consent;

IT IS ORDERED that:

1. The Extension Motion is adjourned to March 16, 2017 at 10:00 a.m., or  such other date as may be agreed to by the parties and set by the Office of the Secretary; and
2. The obligations of the parties to serve and file materials and conduct cross-examinations in advance of the hearing of the Privilege Motion, pursuant to the schedule set out in the January 2017 Order, are hereby adjourned to such other dates to be determined by the Commission after hearing the Extension Motion.

DATED at Toronto, this 2nd day of March, 2017.