Order

WHEREAS on May 30, 2017, the Mutual Fund Dealers Association of Canada (“MFDA”) issued a Notice of Hearing pursuant to sections 20 and 24 of By-law No. 1 in respect of a disciplinary proceeding commenced by Staff of the MFDA (“Staff”) against International Capital Management Inc., John Paul Sanchez and Javier Andreas Sanchez (“Respondents”);

AND WHEREAS on June 27, 2017, counsel for Staff and counsel for the Respondents attended the first appearance in this proceeding which took place by teleconference before the Chair of a hearing panel of the Central Regional Council of the MFDA (“Hearing Panel”) on June 27, 2017 at 9:30 a.m. (Eastern) in accordance with s. 19.13(b) of MFDA By-law No. 1;

AND WHEREAS an order dated June 27, 2017 was issued following the first appearance that set a schedule that the parties had agreed to concerning the delivery of a Reply by the Respondent, the exchange of disclosure by the parties, the scheduling of a potential motion date on November 17, 2017 and scheduling of dates of the hearing of the matter on its merits from December 11-15, 2017;

AND WHEREAS the Respondents served and filed a Reply to the Notice of Hearing on Monday July 17, 2017;

AND WHEREAS between September 19, 2017 and November 10, 2017, Staff delivered 18 binders of pre-hearing disclosure to the Respondents and an external hard drive containing additional records obtained by Staff during the investigation of this matter;

AND WHEREAS Staff intends to deliver additional pre-hearing disclosure on or before November 24, 2017;

AND WHEREAS the parties agreed to attend a second appearance by teleconference with the Chair of the Hearing Panel on November 17, 2017 to address scheduling and other procedural matters and both parties agreed that it would no longer be appropriate to proceed with the hearing of the matter on its merits from December 11-15, 2017;

AND WHEREAS counsel for Staff and counsel for the Respondent made submissions during the appearance on November 17, 2017 and counsel for Staff proposed that the hearing on the merits be rescheduled to dates in February or March 2018 and counsel for the Respondent requested that the hearing on the merits be rescheduled to dates in June 2018;

IT IS HEREBY ORDERED THAT:

1. In accordance with Rule 10.1 of the MFDA Rules of Procedure, Staff shall provide pre-hearing disclosure to the Respondent on or before November 24, 2017;

2. In accordance with Rule 10.2 of the MFDA Rules of Procedure, the Respondents shall provide pre-hearing disclosure to Staff on or before January 31, 2018;

3. The parties shall comply with Rule 12 of the MFDA Rules of Procedure concerning the delivery of expert reports if any;

4. If either party wishes to bring a motion prior to the Hearing on the Merits, a motion may be commenced in accordance with Rule 6 of the MFDA Rules of Procedure and shall be heard in person or by teleconference at a location to be determined on February 15, 2018 commencing at 10:00 a.m. (Eastern); and

5. Subject to any further order of the Hearing Panel, the hearing of this matter on its merits shall take place in the hearing room at the offices of the MFDA, located at 121 King Street West, Suite 1000, Toronto, Ontario from June 21, 2018 to June 28, 2018 commencing at 10:00 a.m. (Eastern) each day, or as soon thereafter as the matter can be heard.