Order: In the Matter of Howard Rash
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
- AND -
IN THE MATTER OF
HOWARD RASH
ORDER
WHEREAS on March 7, 2014, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing (the “Notice of Hearing”) pursuant to subsections 127(1) and 127(10) of the Securities Act, R.S.O. 1990 c. S.5 as amended (the “Act”) accompanied by a Statement of Allegations of Staff of the Commission dated March 7, 2014 with respect to Howard Rash (“Howard Rash”);
AND WHEREAS the Notice of Hearing announced that a hearing would be held at the offices of the Commission on March 28, 2014;
AND WHEREAS on March 28, 2014, Staff attended the hearing and no one appeared on behalf of Rash;
AND WHEREAS the Commission was satisfied that Rash had notice of the hearing and consented to an adjournment;
AND WHEREAS on March 28, 2014, the Commission ordered that the hearing be adjourned to May 27, 2014 at 10:00 a.m.;
AND WHEREAS on May 27, 2014, Staff attended the hearing and no one appeared on behalf of Rash;
AND WHEREAS Staff requested an adjournment of the hearing to permit the parties to pursue a resolution of this proceeding;
AND WHEREAS the Commission was satisfied that Rash had notice of the hearing and consented to the adjournment;
AND WHEREAS on May 27, 2014, the Commission ordered that the hearing be adjourned to August 27, 2014 at 10:00 a.m.;
AND WHEREAS Rash entered into a settlement agreement with Staff dated June 18 and 19, 2014 (the "Settlement Agreement") in which Rash agreed to a proposed settlement of the proceeding commenced by the Notice of Hearing dated March 7, 2014, subject to the approval of the Commission;
AND WHEREAS on June 23, 2014, the Commission issued a Notice of Hearing pursuant to subsection 127(1) of the Act to announce that it proposed to hold a hearing on June 26, 2014 to consider whether it is in the public interest to approve a settlement agreement entered into between Staff and Rash;
AND WHEREAS on June 26, 2014, Staff, Rash and counsel for Rash attended the hearing;
AND WHEREAS on June 26, 2014, the Commission approved the Settlement Agreement and issued an order in the form attached to the Settlement Agreement that included various sanctions against Rash;
IT IS ORDERED that the hearing date scheduled for August 27, 2014 is vacated.
DATED at this 26th day of June, 2014.
Edward P. Kerwin