WHEREAS on June 4, 2020, 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 (the “Notice of Hearing”) in respect of a disciplinary proceeding commenced against Amin Mohammad Ali (the “Respondent”) which shall take place before a hearing panel of the Central Regional Council (the “Hearing Panel”);
AND WHEREAS on September 28, 2020, at an appearance before the Chair of the Hearing Panel, the hearing on the merits was scheduled for May 27 and 28, 2021;
AND WHEREAS on May 7, 2021, the hearing on the merits was adjourned to a date to be determined to permit the Respondent to bring a motion, seeking to adjourn the proceeding;
AND WHEREAS on August 11, 2021, the Respondent brought a motion returnable on August 30, 2021 to adjourn the proceeding sine die on the basis that a medical condition will prevent the Respondent from participating in the hearing on the merits and instructing counsel;
AND WHEREAS Staff opposed the relief sought by the Respondent and argued that dates should be scheduled for the hearing of the matter on its merits;
AND WHEREAS the Hearing Panel heard submissions from counsel for Staff and counsel for the Respondent on August 30, 2021 and on September 14, 2021.
IT IS HEREBY ORDERED THAT:
- Pursuant to sections 24.3.1(a)(vii) and 24.3.3(a) of MFDA By-law No. 1, the Respondent’s authority to conduct securities related business while in the employ of or in association with a Member of the MFDA is suspended until further order of a Hearing Panel;
- The Respondent’s motion to adjourn the proceeding sine die is dismissed without prejudice to the Respondent renewing his motion to adjourn supported by further evidence prior to or at the commencement of the hearing on the merits;
- The next appearance in this proceeding shall take place by videoconference on November 15, 2021 at 4:00 p.m. (Eastern); and
- Subject to any further order of the Hearing Panel, the hearing of this matter on its merits shall take place by videoconference from February 8 to 11, 2022, beginning at 10:00 a.m. (Eastern), each day, or as soon thereafter as the matter can be heard.
John Lorn McDougallJohn Lorn McDougallChair
Cheryl HamiltonCheryl HamiltonIndustry Representative
Samuel MahSamuel MahIndustry Representative