Amended Notice of Hearing: In the Matter of Philip Services Corp. et al.

Notice of Hearing
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IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, as amended

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IN THE MATTER OF
PHILIP SERVICES CORP.,
ALLEN FRACASSI, PHILIP FRACASSI,
MARVIN BOUGHTON, GRAHAM HOEY,
ROBERT WAXMAN
AND JOHN WOODCROFT

AMENDED
NOTICE OF HEARING
(Sections 127(1) and 127.1)

WHEREAS a Notice of Hearing was issued and Statement of Allegations were delivered on August 30, 2000, pursuant to sections 127(1) and 127.1 of the Securities Act, R.S.O. 1990 c.S.5, as amended (the “Act”), in respect of Philip Services Corp., Allen Fracassi, Philip Fracassi, Marvin Boughton, Graham Hoey, Colin Soule, Robert Waxman and John Woodcroft;

AND WHEREAS the Statement of Allegations was amended on October 12, 2005;

AND WHEREAS by order of the Ontario Securities Commission (the “Commission”) dated November 25, 2005, the Commission approved a proposed Settlement Agreement with Colin Soule;

TAKE NOTICE that the Commission will hold a hearing pursuant to sections 127(1) and 127.1 of the Act at the offices of the Commission, on the 17 th Floor, Large Hearing Room , 20 Queen St. West , Toronto , Ontario commencing on Monday, February 6, 2006 at 10:00 a.m. or as soon thereafter as the hearing can be held:

TO CONSIDER whether, pursuant to sections 127(1) and 127.1 of the Act, it is in the public interest for the Commission to make an order that:

(a) the Respondents cease trading in securities, permanently or for such time as the Commission may direct;

(b) the individual Respondents be prohibited from becoming or acting as a director or officer of any issuer, permanently or for such period as the Commission may direct;

(c) the individual Respondents resign any positions they may have as a director and/or officer of any issuer;

(d) the Respondents be reprimanded;

  • the Respondents, or any of them, pay the costs of Staff = s investigation and this proceeding; and/or

(f) contains such other terms and conditions as the Commission may deem appropriate.

BY REASON OF the allegations set out in the Amended Statement of Allegations dated December 9, 2005 of Staff of the Commission 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 if that party attends or submits evidence at the hearing;

AND TAKE FURTHER NOTICE that upon failure of any party to attend at the time and place aforesaid, the hearing may proceed in the absence of that party and such party is not entitled to any further notice of the proceeding.

DATED at Toronto , Ontario this 12 th day of December, 2005.

”John Stevenson”
John Stevenson
Secretary to the Commission

 

TO: PHILIP SERVICES CORP.
c/o David Byers and Brad Davis
Stikeman, Elliott
Commerce Court West
Suite 5300, P.O. Box 85
Stn. Commerce Court
Toronto, Ontario M5L 1B9

 

TO: ALLEN FRACASSI
c/o Joseph Groia and Robert Brush
Groia & Company Professional Corporation
The Sterling Tower
1000-372 Bay St.
Toronto, ON M5H 2W9

 

TO: PHILIP FRACASSI
c/o Joseph Groia and Robert Brush
Groia & Company Professional Corporation
The Sterling Tower
1000-372 Bay St.
Toronto, ON M5H 2W9

 

TO: MARVIN BOUGHTON
c/o Joseph Groia and Robert Brush
Groia & Company Professional Corporation
The Sterling Tower
1000-372 Bay St.
Toronto, ON M5H 2W9

 

TO: GRAHAM HOEY
c/o Joseph Groia and Robert Brush
Groia & Company Professional Corporation
The Sterling Tower
1000-372 Bay St.
Toronto, ON M5H 2W9

 

TO: ROBERT WAXMAN
c/o Alan Lenczner
Lenczner Slaght Royce Smith Griffin
130 Adelaide Street West
Suite 2600
Toronto, ON M5H 3P5

 

TO: JOHN WOODCROFT
c/o Joseph Groia and Robert Brush
Groia & Company Professional Corporation
The Sterling Tower
1000-372 Bay St.
Toronto, ON M5H 2W9