Order: In the Matter of Donald Mason

FILE NO.: 2018-1

IN THE MATTER OF
DONALD MASON

Mark J. Sandler, Chair of the Panel

February 7, 2018

ORDER

Section 8 of the Securities Act, RSO 1990, c S.5

WHEREAS on February 6, 2018, the Ontario Securities Commission (the “Commission”) held a hearing at the offices of the Commission, located at 20 Queen Street West, 17th Floor, Toronto, Ontario, in relation to an application by Donald Mason (“Mason”) filed on December 29, 2017 to review a decision of a Director of the Commission dated November 30, 2017 (the “Application”);

ON READING the Application and on hearing the submissions of the representative for Donald Mason and Staff of the Commission;

IT IS ORDERED THAT:

1. Staff shall serve and file the record of the original proceeding no later than February 19, 2018;
2. Mason shall serve and file his motion for a stay of the decision of the Director no later than March 7, 2018;
3. Staff shall serve and file responding materials, if any, on Mason’s motion for a stay of the decision of the Director no later than March 16, 2018;
4. Mason’s motion for a stay of the decision of the Director will be heard on March 27, 2018, commencing at 10:00 a.m., or on such other dates or times as may be agreed to by the parties and set by the Office of the Secretary;
5. In respect of Mason’s application for a hearing and review, Mason shall give notice of any intention to rely on documents or things not included in the record of the original proceeding, and shall disclose such documents or things, no later than April 30, 2018;
6. Staff shall give notice of any intention to rely on documents or things not included in the record of the original proceeding, and shall disclose such documents or things, no later than May 4, 2018, with the exception of an affidavit of Louise Brinkmann which will be served and filed no later than April 16, 2018 with personal identifiers redacted;
7. Mason shall file and serve witness lists and notice of intention to call an expert witness, if any, and shall serve (but not file) summaries of the anticipated evidence of any witnesses no later than May 28, 2018;
8. A hearing will be held on May 29, 2018, commencing at 10:00 a.m., or on such other dates or times as may be agreed to by the parties and set by the Office of the Secretary to:
   1. schedule any interlocutory motions, including:
      1. any motion requesting intervenor status;
      2. any motion requesting an order for disclosure of redacted information contained in the affidavit of Louise Brinkmann;
   2. address any procedural issues or requirements arising out of the anticipated notice of constitutional question;
   3. set a date to hear the application for a hearing and review; and
   4. address any outstanding issues that may have arisen.
9. Staff shall file and serve written submissions on Mason’s application for a hearing and review, if any, witness lists and notice of intention to call an expert witness, if any, and shall serve summaries of the anticipated evidence of any witnesses no later than June 11, 2018; and
10. Mason shall serve and file written submissions on his application for a hearing and review no later than July 6, 2018.