
IN THE MATTER OF A DISCIPLINARY HEARING PURSUANT TO SECTIONS 20 AND 24 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA
Re: Everest Nicholas Louis D’Souza
Order
WHEREAS on December 16, 2021, the Mutual Fund Dealers Association of Canada (the “MFDA”) issued a Notice of Hearing pursuant to sections 20 and 24 of By-law No. 1 in respect of a disciplinary proceeding commenced against Everest Nicholas Louis D’Souza (the “Respondent”) which shall take place before a hearing panel of the Central Regional Council (the “Hearing Panel”);
AND WHEREAS in accordance with s. 19.13 of MFDA By-Law No. 1, the first appearance in this hearing was held by teleconference before a public representative of the Central Regional Council of the MFDA (the “Chair of the Hearing Panel”) on February 3, 2022, at which time the Chair of the Hearing Panel set a schedule for the steps in this proceeding;
AND WHREAS a second appearance was held before the Chair of the Hearing Panel on April 26, 2022;
AND WHEREAS counsel for the Respondent requested that the schedule set by the Chair of the Hearing Panel be amended;
AND WHEREAS counsel for Staff consented to the Respondent’s request;
IT IS HEREBY ORDERED THAT:
- In accordance with Rule 2.2(1)(a) of the MFDA Rules of Procedure, the Respondent’s time to deliver a reply shall be extended to June 17, 2022;
- In accordance with Rule 10.1 of the MFDA Rules of Procedure, Staff shall provide documentary disclosure to the Respondent on or before July 8, 2022;
- In accordance with Rule 10.2 of the MFDA Rules of Procedure, the Respondent shall provide documentary disclosure to Staff on or before July 22, 2022;
- In accordance with Rule 11 of the MFDA Rules of Procedure, the parties shall exchange lists of anticipated witnesses, and in respect of each witness named on the list, provide a witness statement signed by the witness, a transcript of a recorded statement by the witness, or a summary of the evidence that the witness is expected to give at the hearing, on or before August 5, 2022;
- Subject to any further order of the Hearing Panel, a further appearance shall be held by videoconference on June 10, 2022, commencing at 10:00 a.m. (Eastern), or as soon thereafter as the matter can be heard; and
- Subject to any further order of the Hearing Panel, the hearing of this matter on its merits shall take place by videoconference on August 30, 2022, commencing at 10:00 a.m. (Eastern), or as soon thereafter as the matter can be heard.
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Emily ColeEmily ColeChair
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