Amended Notice of Hearing: In the Matter of Marlene Berry et al.

Notice of Hearing

 

IN THE MATTER OF THE SECURITIES ACT,

R.S.O. 1990, c. S. 5, as amended

-and-

IN THE MATTER OF MARLENE BERRY,
ALLAN EIZENGA, GUY FANGEAT,
RICHARD JULES FANGEAT,
MICHAEL HERSEY, BRIAN LAWRENCE,
LUKE JOHN McGEE, JOHN NEWMAN,
NORMAND RIOPELLE and
ROBERT LOUIS RIZZUTO


AMENDED NOTICE OF HEARING

(Section 127 and 127.1)

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") in the Main Hearing Room, 17th Floor, 20 Queen Street West, Toronto, Ontario on March 5, 2003 at 11:00 a.m. or as soon thereafter as the hearing can be held;

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

(a) that the registration of the respondent Robert Louis Rizzuto be terminated or suspended or restricted for such period as specified by the Commission or that terms and conditions be imposed on his registration;

(b) that trading in any securities by the respondents cease permanently or for such period as is specified by the Commission;

(c) prohibiting the respondents from becoming or acting as a director or officer of any issuer permanently or for such period as specified by the Commission;
(d) reprimanding the respondents;
(e) requiring the respondents to pay the costs of the Commission's investigation and the hearing; and
(f) 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 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 the hearing, 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 this 7th day of February, 2003

 


"John Stevenson"
John Stevenson
Secretary to the Commission