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Order

Re:

Order


Order
File No. 201549




IN THE MATTER OF A SETTLEMENT HEARING
PURSUANT TO SECTION 24.4 OF BY-LAW NO. 1 OF
THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA


Re: Mervyn Sutton and Rachel Sutton Akers



ORDER
(ARISING FROM SETTLEMENT HEARING ON DECEMBER 10, 2015)



WHEREAS the Respondents entered into a settlement agreement with Staff of the
MFDA, dated November 11, 2015 (the “Settlement Agreement”), in which the Respondents
agreed to a proposed settlement of matters for which the Respondents could be disciplined
pursuant to ss. 20 and 24.1 of By-law No. 1;

AND WHEREAS the Hearing Panel is of the opinion that, between February 6, 2012
and June 23, 2014, the Respondents obtained, maintained and, in some cases, used to process
transactions, 35 blank or partially complete pre-signed account forms in respect of 21 client
accounts, contrary to MFDA Rule 2.1.1;

IT IS HEREBY ORDERED THAT the Settlement Agreement is accepted, as a
consequence of which:

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

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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.
the Respondents shall pay a fine in the amount of $10,000, pursuant to section 24.1.1(b)
of By-law No. 1;

3.
the Respondent shall pay costs in the amount of $2,500, pursuant to section 24.2 of By-
law No. 1; and

4.
the Respondent shall in the future comply with MFDA Rule 2.1.1.


DATED this 10th day of December, 2015.

“Shelley L. Miller”
Shelley L. Miller, Q.C.

Chair

“Elaine Bradley”
Elaine Bradley

Industry Representative

“Richard Sydenham”
Richard Sydenham

Industry Representative

DM 462119 v1
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