WHEREAS on January 10, 2019, 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 Bertin Desjardins (the “Respondent”);
AND WHEREAS the first appearance in this hearing was held by teleconference before a Chair of a hearing panel of the Atlantic Regional Council of the MFDA (the “Hearing Panel”) on March 1, 2019 in accordance with s. 19.13(b) of MFDA By-law No. 1;
AND WHEREAS no one appeared on behalf of the Respondent, although properly served with the Notice of Hearing as appears from the affidavit of service of Terri Ash dated February 7, 2019;
AND WHEREAS counsel for Staff of the MFDA made submissions to the Chair of the Hearing Panel at the first appearance with respect to scheduling and other procedural matters;
IT IS HEREBY ORDERED THAT:
- In accordance with the requirements of Rules 8 and 2.2(1)(a) of the MFDA Rules of Procedure, the Respondent shall file a Reply to Notice of Hearing by March 22, 2019.
- In accordance with Rule 10.1 of the MFDA Rules of Procedure, Staff shall provide documentary disclosure to the Respondent on or before April 18, 2019.
- In accordance with Rule 10.2 of the MFDA Rules of Procedure, the Respondent shall provide documentary disclosure to Staff on or before May 10, 2019.
- Staff shall provide the Respondent with a witness list and for each witness that Staff intends to call at the hearing on the merits, a corresponding transcript, signed witness statement or summary of the evidence that the witness is expected to give at the hearing by May 31, 2019 in accordance with Rule 11 of the MFDA Rules of Procedure.
- The Respondent shall provide Staff with a witness list and for each witness that the Respondent intends to call at the hearing on the merits, a corresponding transcript, signed witness statement or summary of the evidence that the witness is expected to give at the hearing corresponding witness statements to Staff by June 21, 2019 in accordance with Rule 11 of the MFDA Rules of Procedure.
- Subject to any further Order of the Hearing Panel, the hearing on the merits in this matter will take place on July 26, 2019, commencing at 10:00 a.m. (Atlantic), or as soon thereafter as the matter can be heard, in Charlottetown, Prince Edward Island, at a venue to be determined and announced.
R. Scott PeacockR. Scott PeacockChair