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; and
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;

IT IS ORDERED that:

1. Martel’s motion seeking a stay of proceedings shall be heard on April 27, 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 the parties shall adhere to the following timeline for the exchange of materials:
   1. Martel shall serve and file an amended notice of motion accompanied by a motion record no later than February 6, 2017;
   2. Staff shall serve and file a responding motion record no later than February 24, 2017;
   3. cross-examinations on affidavits, if any, will be conducted during the week of March 6, 2017;
   4. Martel shall serve and file a memorandum of fact and law no later than March 29, 2017;
   5. Staff shall serve and file a responding memorandum of fact and law no later than April 13, 2017; and
   6. Martel shall serve and file a reply memorandum of fact and law, if any, no later than April 20, 2017.

DATED at Toronto, this 11th day of January, 2017.