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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

(ARISING FROM THE INTERIM APPEARANCE ON APRIL 26, 2022)

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:

  1. 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;
  2. 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;
  3. 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;
  4. 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;
  5. 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
  6. 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.
  • Emily Cole
    Emily Cole
    Chair

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