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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: Lee Scott McIvor

Order

(ARISING FROM FIRST APPEARANCE OF SEPTEMBER 17, 2019)

WHEREAS on July 29, 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 Lee Scott McIvor (the “Respondent”);

AND WHEREAS on August 26, 2019, the MFDA published on the MFDA public website a news release advising that the date of the first appearance would be held on September 17, 2019 commencing at 11:15 a.m. (Mountain);

AND WHEREAS MFDA Staff served the Respondent’s spouse by personal service with the Notice of Hearing and a letter notifying the Respondent of the September 17, 2019 first appearance date and time, which documents were served on August 21, 2019;

AND WHEREAS MFDA Staff sent the Notice of Hearing and a letter notifying the Respondent of the September 17, 2019 first appearance date and time to the Respondent’s address by registered mail, which documents were received on September 10, 2019;

AND WHEREAS on September 17, 2019, the first appearance in this proceeding was held before one public representative of a Regional Council acting on behalf of a hearing panel of the Prairie Regional Council of the MFDA (the “Hearing Panel”), pursuant to s. 19.13 of MFDA By-Law No. 1, which permits one public representative of a Regional Council to be designated to act on behalf of a Hearing Panel for the purpose of hearing and determining any procedural matter or motion relating to the conduct of a disciplinary hearing including, setting hearing dates, and making any other orders or directions that a Hearing Panel is authorized to make under the MFDA Rules of Procedure, except a final determination of a disciplinary proceeding;

AND WHEREAS at the first appearance on September 17, 2019, no one appeared on behalf of the Respondent, and MFDA Staff made submissions to the Hearing Panel with respect to scheduling and other procedural matters;

AND WHEREAS MFDA Staff requested an Order at the first appearance deeming the manner of service of the Notice of Hearing to be effective on the Respondent, pursuant to Rules 1.5 and 4.2(1)(d) of the MFDA Rules of Procedure;

AND WHEREAS the first appearance was held less than 30 days after the effective date of service of the Notice of Hearing on the Respondent;

AND WHEREAS MFDA Staff requested an Order abridging the time for service of the Notice of Hearing on the Respondent pursuant to Rules 1.5, 2.2(1)(a) and 7.1(2) of the MFDA Rules of Procedure;

AND WHEREAS the Hearing Panel is of the opinion that, in the circumstances, it would not be contrary to the public interest to deem the manner of service to be effective on the Respondent and to abridge the time for service of the Notice of Hearing on the Respondent;

IT IS HEREBY ORDERED THAT:

  1. The Respondent has been served with the Notice of Hearing and been given notice of the date and time of the first appearance pursuant to Rules 1.5 and 4.2(1)(d) of the MFDA Rules of Procedure;
  2. The time period for notice of the first appearance is hereby abridged, pursuant to Rules 1.5, 2.2(1)(a) and 7.1(2) of the MFDA Rules of Procedure;
  3. The hearing of this matter on its merits shall take place on January 30, 2019 commencing at 11:00 a.m. (Central) in the hearing room at the Manitoba Securities Commission, 400 St. Mary Avenue, Winnipeg, Manitoba;
  4. The Respondent is hereby given leave to participate in the hearing of this matter on its merits by teleconference; and
  5. The parties may re-attend before a public representative of the Prairie Regional Council via teleconference, pursuant to s. 19.13 of MFDA By-Law No. 1, prior to the hearing of this matter on its merits for the purpose of hearing and determining any procedural matter or motion relating to the conduct of the disciplinary hearing.
  • Sherri Walsh
    Sherri Walsh
    Chair

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