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Order

Re:

Order

Order
File No. 200834

IN THE MATTER OF AN APPLICATION
PURSUANT TO SECTION 24.3 OF BY-LAW NO. 1
OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA

Re: Hill & Crawford Investment Management Group Ltd.
and Albert Rodney Hill


ORDER

WHEREAS this application was brought by Staff of the Mutual Fund Dealers
Association of Canada (the “MFDA”) before a Hearing Panel (the “Hearing Panel”) of
the Regional Council of the Central Region of the MFDA pursuant to section 24.3 of
MFDA By-law No. 1 (the “By-law”), with notice to Hill & Crawford Investment
Management Group Ltd. (“HCIM”), a Member of the MFDA and Albert Rodney Hill
(“Hill”), an Approved Person of HCIM;
AND WHEREAS pursuant to sections 24.3.1(a)(iv) and (v), 24.3.2(a)(iv), (viii),
(x), (xi), (xii) and (xiv) and 24.3.3(a)-(d) of the By-law, the Hearing Panel may upon
application by the MFDA impose upon a Member of the MFDA or upon an Approved
Person under the jurisdiction of the MFDA:
(i) a suspension of any or all rights and privileges of Membership or authority of
the person to conduct securities related business on such terms and conditions
as the Hearing Panel considers appropriate;
(ii) terms and conditions on Membership or the authority of the person to conduct
securities related business;
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(iii)a direction to immediately cease dealing with the public; and/or
(iv) a direction for the orderly transfer of client accounts from the member;
in the event that the Hearing Panel determines that the Hearing Panel is satisfied that
criteria listed in sections 24.3.1(a) and 24.3.2(a) are satisfied;
AND WHEREAS upon reading the Affidavit of Karen McGuinness sworn
April 21, 2009 and considering the submissions of Staff of the MFDA, the Hearing Panel
is of the opinion that there are sufficient grounds for granting the relief requested in the
Application of Staff of the MFDA;
IT IS HEREBY ORDERED THAT:
1.
The rights and privileges of Membership of HCIM in the MFDA including the
authority to conduct securities related business are immediately suspended except
to the extent necessary to comply with the terms of this Order;
2.
The authority of Hill to conduct securities related business while in the employ of
or associated with HCIM is immediately suspended except to the extent necessary
to comply with the terms of this Order;
3.
HCIM and Hill shall immediately cease dealing with the public except to the
extent reasonably necessary to comply with the terms of this Order;
4.
HCIM and Hill shall immediately provide full and timely cooperation to Staff of
the MFDA, including the provision of such information as may be requested by
Staff of the MFDA and shall if necessary facilitate reasonable access by MFDA
Staff to the business operating systems of HCIM;
5.
HCIM and Hill shall immediately take such steps as may be required to effect the
orderly and efficient sale or winding up of the business of HCIM and shall be
subject to the direction of Staff of the MFDA, in its sole discretion, in determining
what is in the best interests of HCIM’s clients, the public, MFDA Members and
the MFDA;
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6.
In the event that HCIM or Hill fail to immediately take such steps as may be
required to effect the orderly and efficient sale or winding up of HCIM, then Staff
of the MFDA are hereby authorized to immediately take such steps as may be
necessary to do so, without further notice to HCIM or Hill; and
7.
Staff of the MFDA, HCIM or Hill are permitted to return this matter before a
Hearing Panel on such reasonable notice as circumstances may permit for the
purposes of seeking further order, direction or clarification from the Hearing
Panel.
DATED at Toronto, this 22nd day of April, 2009.
Per: “Peter Cory”

The Hon. Peter Cory, Chair
Per: “Guenther Kleberg”

Guenther Kleberg, Industry Representative
Per: “Gerard Chagnon”

Gerard Chagnon, Industry Representative

Doc 171094

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