Re:
Order
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: PDQ Financial Services Inc. and Cesidio (“Sid”) Negri
ORDER
WHEREAS on June 7, 2013, the Mutual Fund Dealers Association of Canada (the
“MFDA”) issued a Notice of Hearing pursuant to sections 20 and 24 of MFDA
By-law No. 1 in respect of a disciplinary proceeding commenced against PDQ Financial Services
Inc. and Cesidio (“Sid”) Negri (the “Respondents”);
AND WHEREAS in accordance with Rule 2.2(1)(b) of the MFDA Rules of Procedure,
Staff consented to an extension of time for the Respondents to serve and file a Reply to the
Notice of Hearing;
AND WHEREAS on August 7, 2013, the Respondents served and filed a Reply to the
Notice of Hearing;
AND WHEREAS the first appearance in this proceeding was scheduled to take place by
teleconference before a hearing panel of the Central Regional Council of the MFDA (the
“Hearing Panel”) on August 21, 2013;
Page 1 of 3
AND WHEREAS one industry representative of the Hearing Panel was unable to attend
the first appearance by teleconference;
AND WHEREAS the parties did not object to proceeding with the first appearance in the
absence of the industry representative who was unable to attend the first appearance and s.
19.13(b) of MFDA By-law No. 1 permits procedural matters to be addressed by one public
representative of a Regional Council;
AND WHEREAS the Respondents and counsel for Staff of the MFDA made
submissions to the Hearing Panel at the first appearance with respect to further scheduling of the
proceeding;
IT IS HEREBY ORDERED THAT:
1.
Staff will provide disclosure to the Respondents in accordance with Rule 10.1 of the
MFDA Rules of Procedure on or before Friday, October 4, 2013;
2.
The Respondents will provide disclosure to Staff in accordance with Rule 10.2 of the
MFDA Rules of Procedure on or before Friday, October 25, 2013;
3.
If either party wishes to address any procedural matter with the Hearing Panel prior to the
Hearing on the Merits, the party may bring a motion in accordance with Rule 6 of the MFDA
Rules of Procedure such that the proposed motion(s) can be heard orally in person or by
teleconference on Thursday, November 7, 2013;
4.
On or before Friday, November 15, 2013, in accordance with Rule 11 of the MFDA
Rules of Procedure, Staff and the Respondents shall each deliver a list of witnesses that the party
intends to call at the Hearing on the Merits and with respect to each witness on the list that each
party delivers, if such a document has not already been delivered, the party intending to call the
witness shall deliver to the other party, one of the following documents:
i.
a witness statement signed by the witness;
Page 2 of 3
ii.
a transcript of a recorded statement made by the witness; or
iii.
a summary of the evidence that the witness is expected to give at the Hearing on
the Merits;
5.
The hearing of this matter on its merits shall take place before the Hearing Panel in the
hearing room located at 121 King Street West, Suite 1000, Toronto, Ontario from Monday,
December 2, 2013 – Friday, December 6, 2013 commencing each day at 10:00 a.m. (Eastern)
except on Tuesday, December 3, 2013 when the hearing will commence at 11:30 a.m. (Eastern)
or as soon thereafter as the matter can be heard.
DATED this 21st day of August, 2013.
“Patrick T. Galligan”
The Hon. Patrick T. Galligan, Q.C.,
Chair
“Selwyn Kossuth”
Selwyn Kossuth,
Industry Representative
DM 357507 v2
Page 3 of 3
