Order: In the Matter of Systematech Solutions Inc. et al.
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
- AND -
IN THE MATTER OF SYSTEMATECH SOLUTIONS INC.,
APRIL VUONG AND HAO QUACH
ORDER
(Subsection 127(1) of the Securities Act)
WHEREAS on October 31, 2012, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to section 127 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) (the “Notice of Hearing”) in connection with a Statement of Allegations dated October 31, 2012, filed by Staff of the Commission (“Staff”), to consider whether it is in the public interest to make certain orders against Systematech Solutions Inc., (“Systematech”), April Vuong (“Vuong”) and Hao Quach (“Quach”) (collectively the “Respondents”);
AND WHEREAS on December 11, 2012, Staff and counsel for the Respondents appeared before the Commission and made submissions;
AND WHEREAS on December 11, 2012, counsel for the Respondents advised that he accepted service of the Notice of Hearing and the Statement of Allegations dated October 31, 2012 on behalf of the Respondents;
AND WHEREAS on December 11, 2012, Staff advised that it provided electronic disclosure to counsel for the Respondents on November 21, 2012;
AND WHEREAS on December 11, 2012, the Commission extended a temporary cease trade order with respect to the Respondents until the conclusion of the proceeding, including the sanctions hearing, if any, and ordered that a confidential pre-hearing conference take place on February 20, 2013;
AND WHEREAS on December 13, 2012, the Commission issued an Amended Notice of Hearing pursuant to subsection 127(1) and section 127.1 of the Act in connection with the Statement of Allegations dated October 31, 2012 and counsel for the Respondents has advised that he accepted service of the Amended Notice of Hearing;
AND WHEREAS on February 20, 2013, a confidential pre-hearing conference was held and Staff and counsel for the Respondents appeared before the Commission and made submissions;
AND WHEREAS on February 20, 2013, the Commission ordered that: (i) the hearing on the merits will start on November 4, 2013 at 10:00 a.m. and continue on November 6, 7, 8, 11, 12, 13, 14, 15 and 18, 2013; and (ii) another confidential pre-hearing conference will take place on September 4, 2013 at 10:00 a.m. or on such other date or time set by the Office of the Secretary and agreed to by the parties;
AND WHEREAS on August 21, 2013, the Commission ordered on the consent of the parties that: (i) the confidential pre-hearing conference be adjourned from September 4, 2013 at 10:00 a.m. to September 12, 2013 at 2:00 p.m.;
AND WHEREAS on September 12, 2013, a confidential pre-hearing conference was held and Staff and counsel for the Respondents appeared before the Commission and made submissions and the Commission ordered that another confidential pre-hearing conference take place on October 15, 2013 at 2:00 p.m.;
AND WHEREAS on October 15, 21 and 28, 2013, confidential pre-hearing conferences were held and Staff and counsel for the Respondents appeared before the Commission and made submissions and the Commission scheduled further dates for confidential pre-hearing conferences;
AND WHEREAS on October 28, 2013, the confidential pre-hearing conference continued and Staff and counsel for the Respondents appeared before the Commission and requested that an adjournment motion be scheduled for October 30, 2013 at 2:00 p.m.;
AND WHEREAS on October 30, 2013, the parties attended before the Commission and requested that the adjournment motion be adjourned and that the November 4 and 6, 2013 hearing dates be vacated, and the Commission ordered that the adjournment motion was adjourned sine die and the hearing dates of November 4 and 6, 2013 were vacated;
AND WHEREAS on November 5, 2013, the parties attended before the Commission and requested that the hearing dates of November 7 and 8, 2013 be vacated;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;
IT IS HEREBY ORDERED that the hearing dates of November 7 and 8, 2013 are vacated.
DATED at Toronto this 5th day of November, 2013.
Christopher Portner