MFDA Order

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File No. 202119

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: Guy Edward Dudding

Order

ARISING FROM FIRST APPEARANCE ON JUNE 24, 2021

WHEREAS on May 18, 2021, 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 Guy Edward Dudding (the “Respondent”);

AND WHEREAS on June 11, 2021, the MFDA published on the MFDA public website a news release advising that the date of the first appearance would be held on June 24, 2021 commencing at 10:00 a.m. (Mountain);

AND WHEREAS on June 24, 2021, 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 June 24, 2021, MFDA Staff made submissions to the Hearing Panel with respect to scheduling and other procedural matters;

IT IS HEREBY ORDERED THAT:

  1. The 30 day time period for the service of the Notice of Hearing prior to the commencement of the first appearance is hereby abridged, pursuant to Rules of Procedure 7.1(2) and 1.5(1)(b);
  2. The Respondent shall serve a Reply on Enforcement Counsel and file a Reply with the Office of the Corporate Secretary by no later than July 9, 2021, in the following manner:
    1. The Reply shall be served upon Enforcement Counsel via mail or e-mail at:
      1. Mutual Fund Dealers Association of Canada
        Prairie Regional Office
        Suite 850, 800 – 6th Ave SW
        Calgary, AB T2P 3G3
        Attention: Justin Dunphy
        E-mail: jdunphy@mfda.ca
    2. A Reply shall be filed by:
      1. Providing four copies of the Reply to the Office of the Corporate Secretary by personal delivery, mail or courier to:
        1. The Mutual Fund Dealers Association of Canada
          121 King Street West, Suite 1000
          Toronto, ON M5H 3T9
          Attention: Office of the Corporate Secretary; or
      2. transmitting one electronic copy of the Reply to the Office of the Corporate Secretary by e-mail at CorporateSecretary@mfda.ca.
  3. MFDA Staff shall provide disclosure to the Respondent in accordance with Rule 10 of the Rules of Procedure by no later than August 13, 2021;
  4. The Respondent shall provide disclosure to MFDA Staff in accordance with Rule 10 of the Rules of Procedure by no later than September 3, 2021;
  5. The public version of the Notice of Hearing posted on the MFDA website shall be replaced with the version attached as Schedule “A” to this Order, which includes the following changes:
    1. All references to the client referred to in paragraphs 41- 44 and 48 shall be replaced with “Client X”; and
    2. The second sentence of paragraph 41 shall be removed;
  6. The next appearance of this matter shall take place before the Hearing Panel by teleconference on September 24, 2021 at 10:00 a.m. (Mountain), or as soon thereafter as the appearance can be held.

DATED: Jun 24, 2021

"Richard Yaffe"

Richard Yaffe

Chair


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