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Order

Re:

Order


Order
File No. 201314





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: Barbara Suk Yee Man



ORDER


WHEREAS on May 10, 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 Barbara Suk Yee Man (the
“Respondent”);

AND WHEREAS the first appearance in this hearing was held before a panel of the
Central Regional Council of the MFDA (the “Hearing Panel”) on July 17, 2013;

AND WHEREAS on November 6, 2013, the hearing on the merits of this matter was
held before the Hearing Panel, during which time the Hearing Panel heard the evidence and
submissions of Staff of the MFDA (“Staff”) and of the Respondent;

AND WHEREAS in the opinion of the Hearing Panel:

1.
Between January 27, 2011 and May 25, 2011, the Respondent failed to observe high
standards of ethics and engaged in business conduct or practice that was unbecoming by altering
account transfer forms signed by clients JL and JaL to effect the transfer of their accounts from
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Member 1 to the Member “in cash” instead of “in kind” as the clients had instructed, contrary to
MFDA Rule 2.1.1;

2.
Between January 27, 2011 and May 25, 2011, the Respondent failed to observe high
standards of ethics and engaged in business conduct or practice that was unbecoming by
obtaining a blank, pre-signed account transfer form from client JaL which the Respondent then
used to effect the transfer of client JaL’s account from Member 2 to the Member ‘in cash”
instead of “in kind” as client JaL had instructed, contrary to MFDA Rule 2.1.1; and

3.
In or about February 2011, the Respondent engaged in discretionary trading by
transferring the accounts of clients JL and JaL to the Member “in cash” instead of “in kind” as
the clients had instructed, contrary to MFDA Rules 2.3.1(a) and 2.1.1.

IT IS HEREBY ORDERED THAT:

1.
If at any time a non-party to this proceeding requests production of, or access to, any
materials filed in, or the record of, this proceeding, including all exhibits and transcripts, then the
MFDA Corporate Secretary shall not provide copies of, or access to, the requested documents to
the non-party without first redacting from them any and all intimate financial or personal
information, pursuant to Rules 1.8(2) and (5) of the MFDA Rules of Procedure;

2.
For a period of 3 months commencing on the date of this Order, the Respondent is
prohibited from conducting securities related business in any capacity while in the employ of or
associated with any MFDA Member, pursuant to s. 24.1.1(c) of MFDA By-law No. 1;

3.
The Respondent shall pay a fine in the amount of $5,000, pursuant to s. 24.1.1(b) of
MFDA By-law No. 1; and

4.
The Respondent shall pay costs in the amount of $5,000, pursuant to s. 24.2 of MFDA
By-law No. 1.

DATED this 6th day of November, 2013.
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“John W. Morden”
The Hon. John W. Morden,

Chair

“Terrence Bourne”
Terrence Bourne,

Industry Representative

“Linda J. Anderson”
Linda J. Anderson,

Industry Representative

DM 359979 v2

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