Order: In the Matter of Benedict Cheng et al.

FILE NO.: 2019-37

IN THE MATTER OF
BENEDICT CHENG, FRANK SOAVE, JOHN DAVID ROTHSTEIN
AND ERIC TREMBLAY

Lawrence P. Haber, Commissioner and Chair of the Panel

October 21, 2019

ORDER

( Section 144 of the Securities Act, RSO 1990, c S.5)

WHEREAS the Ontario Securities Commission held a hearing in writing to consider an application made by Staff of the Commission (Staff) to revoke an oral decision made by the Commission on December 19, 2017 (the Confidentiality Order) during Benedict Cheng’s privilege motion heard on December 18-22, 2017 (the Privilege Motion);

ON READING the materials filed by Staff and the email correspondence from Benedict Cheng dated October 14, 2019, and on considering that Mr. Cheng does not oppose the order being sought;

IT IS ORDERED THAT:

1. pursuant to s. 5.1 of the Statutory Powers Procedure Act, RSO 1990, c S.22 and Rule 23 of the Commission’s Rules of Procedure and Forms, (2019) 42 OSCB 6528 this application is heard in writing; and
2. pursuant to s. 144 of the Securities Act, RSO 1990, c S.5 the Confidentiality Order is revoked and the following are made public:
   1. all exhibits marked and all submissions filed at the Privilege Motion; and
   2. the confidential transcripts dated December 19-22, 2017.