Order: Finch (Re)

Order

IN THE MATTER OF
THOMAS JOHN FINCH

File No. 2023-29

Adjudicators:

Tim Moseley (chair of the panel)
Andrea Burke
Jane Waechter

March 26, 2025

ORDER

(Subsection 127(1) and section 127.1 of the Securities Act, RSO 1990, c S.5)

WHEREAS on March 26, 2025, the Capital Markets Tribunal held a hearing by video conference to consider the Joint Request for a Settlement Hearing filed by Thomas John Finch and the Ontario Securities Commission for approval of a settlement agreement dated March 18, 2025 (the Settlement Agreement);

ON READING the Statement of Allegations dated October 23, 2023, the Settlement Agreement, and the written submissions of the Commission, on hearing the submissions of the representatives for the parties, and on being advised by the Commission that it has received payment from the respondent in the amount of $257,336.27;

IT IS ORDERED THAT:

  1. the Settlement Agreement is approved;
  2. pursuant to paragraphs 2 and 2.1 of subsection 127(1) of the Securities Act (the Act), trading in any securities or derivatives, and the acquisition of any securities, by the respondent cease for a period of ten years, except that the respondent shall be permitted to trade, solely through a registered dealer in Ontario to whom the respondent has given a copy of this order: mutual funds, exchange-traded funds, government bonds and/or guaranteed investment certificates, for the account of any registered retirement savings plan, registered retirement income fund and tax-free savings account, as defined in the Income Tax Act, RSC 1985, c 1 (5th Supp), in which the respondent has sole legal and beneficial ownership;
  3. pursuant to paragraph 3 of subsection 127(1) of the Act, any exemptions contained in Ontario securities law do not apply to the respondent for a period of ten years;
  4. pursuant to paragraph 6 of subsection 127(1) of the Act, the respondent be reprimanded;
  5. pursuant to paragraphs 7, 8.1 and 8.3 of subsection 127(1) of the Act, the respondent immediately resign any position that the respondent holds as a director or officer of any reporting issuer, registrant, or investment fund manager;
  6. pursuant to paragraphs 8, 8.2 and 8.4 of subsection 127(1) of the Act, the respondent be prohibited from becoming or acting as a director or officer of any reporting issuer, registrant, or investment fund manager for a period of ten years;
  7. pursuant to paragraph 9 of subsection 127(1) of the Act, the respondent pay to the Commission an administrative penalty in the amount of $235,000; and
  8. pursuant to subsection 127.1(1) of the Act, the respondent pay to the Commission costs of the investigation in the amount of $22,336.27.

 

“Tim Moseley”
Tim Moseley
“Andrea Burke”
Andrea Burke
“Jane Waechter”
Jane Waechter