Amended Notice of Hearing: In the Matter of Michael Tibollo

Notice of Hearing

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

-and-

IN THE MATTER OF MICHAEL TIBOLLO

AMENDED NOTICE OF HEARING
(Section 127)

TAKE NOTICE that the Ontario Securities Commission (the "Commission") will hold a hearing pursuant to section 127 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the "Act") on June 23, 2004, 17th Floor, 20 Queen Street West, Toronto, Ontario at 10:00 a.m. or as soon thereafter as the hearing can be held;

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

  1. that trading in any securities by Michael Tibollo ("Tibollo") cease permanently or for such period as is specified by the Commission;
  2. prohibiting Tibollo from becoming or acting as a director or officer of any issuer permanently or for such period as specified by the Commission;
  3. that the subsection 34(b) exemption does not apply to Tibollo permanently or for such period as is specified by the Commission;
  4. reprimanding Tibollo;
  5. requiring Tibollo to pay the costs of the Commission's investigation and the hearing; and
  6. such other order as the Commission may deem appropriate.

BY REASON OF the allegations set out in the Amended Statement of Allegations of Staff of the Commission and such additional allegations as counsel may advise and the Commission may permit;

AND TAKE FURTHER NOTICE that the respondent may be represented by counsel if he attends or submits evidence at the hearing;

AND TAKE FURTHER NOTICE that upon failure of the respondent to attend the hearing, the hearing may proceed in his absence and he is not entitled to any further notice of the proceeding.


DATED at Toronto this 21st day of May, 2004

          "Rose Gomme"
          Rose Gomme
          A/Secretary
          Ontario Securities Commission