Order: In the Matter of Steven J. Martel et al.

IN THE MATTER OF THE SECURITIES ACT,
RSO 1990, c S.5

- AND -

IN THE MATTER OF STEVEN J. MARTEL,
MARTEL GROUP OF COMPANIES INC. and 8446997 CANADA INC.

ORDER
(Section 127 of the Securities Act)

WHEREAS:

1. on March 29, 2016, Staff of the Ontario Securities Commission filed a Statement of Allegations seeking orders against the following Respondents: Man Camp Master Limited Partnership, Man Camp Limited Partnership #1, Man Camp Limited Partnership #2, Man Camp Limited Partnership #3, Man Camp Limited Partnership #4 (collectively, the “MCLPs”), Steven J. Martel (“Martel”), Martel Group of Companies Inc. (“MGC”), and 8446997 Canada Inc. (“844 Inc.”);
2. on March 29, 2016, the Commission issued a Notice of Hearing in respect of that Statement of Allegations, setting April 15, 2016 as the hearing date;
3. on April 15, 2016, Staff and an agent for Martel attended the hearing and no one appeared on behalf of the other Respondents (i.e., the MCLPs, MGC and 844 Inc.), although properly served.  The Commission ordered that:
1. by May 13, 2016, Staff shall provide disclosure to the Respondents of documents and things in the possession or control of Staff that are relevant to the hearing;
2. this matter be adjourned to a second appearance on August 10, 2016 or to such other date as may be agreed to by the parties and set by the Office of the Secretary (the “Second Appearance”); and
3. at least five (5) days before the next hearing date, Staff will provide the Respondents with their witness lists and indicate any intent to call an expert witness, including the name of the expert witness and the issue on which the expert will be giving evidence;
4. on July 22, 2016, Staff filed with the Commission:
1. a Notice of Withdrawal withdrawing the allegations against the MCLPs; and
2. an Amended Statement of Allegations withdrawing certain allegations against the remaining Respondents;
5. on August 10, 2016, Staff and counsel for Martel attended the Second Appearance and no one appeared on behalf of the remaining Respondents (i.e., MGC and 844 Inc.), although properly served.  Staff and counsel for Martel requested the scheduling of a pre-hearing conference. The Commission ordered that the matter be adjourned to a pre-hearing conference on September 27, 2016 at 10:00 a.m.;
6. on September 27, 2016, Staff and counsel for Martel attended a pre-hearing conference and no one appeared on behalf of the remaining Respondents (i.e., MGC and 844 Inc.), although properly served. Staff and counsel requested the scheduling of a pre-hearing conference and a Third Appearance; and
7. the Panel considered the submissions of Staff and counsel for Martel and the Commission is of the opinion that it is in the public interest to make this order;

IT IS ORDERED that:

1. this matter is adjourned to a further pre-hearing conference on November 4, 2016 at 10:00 a.m., or such other date as may be agreed to by the parties and set by the Office of the Secretary;
2. the Third Appearance in this matter will be held on December 12, 2016 at 2:00 p.m., or such other date as may be agreed to by the parties and set by the Office of the Secretary; and
3. the Respondents shall make disclosure to Staff, by no later than 30 days before the date of the Third Appearance, of their witness lists and summaries and indicate any intention to call an expert witness, in which event they shall provide Staff with the name of the expert and state the issue or issues on which the expert will be giving evidence.

Dated at Toronto this 27th day of September, 2016.