MFDA Order

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File No. 202148

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: Hong Ting (Patrick) Yung

Order

(ARISING FROM FIRST APPEARANCE ON JANUARY 11, 2022)

WHEREAS on November 24, 2021, the Mutual Fund Dealers Association of Canada (the “MFDA”) issued a Notice of Hearing pursuant to sections 20 and 24 of MFDA By-law No. 1 in respect of a disciplinary proceeding commenced against Hon Ting (Patrick) Yung (the “Respondent”);

AND WHEREAS the Respondent failed to serve and file a Reply;

AND WHEREAS the first appearance in this matter was held by videoconference on January 11, 2022 before one public representative of a Regional Council acting on behalf of the Central Regional Council of the MFDA (the “Hearing Panel”), pursuant to section 19.13(b) of MFDA By-law No.1;

AND WHEREAS at the first appearance, the Respondent did not attend, although properly notified by Staff of the MFDA and the Corporate Secretary’s Office;

AND UPON hearing submissions of counsel for Staff of the MFDA with respect to service of the Notice of Hearing, scheduling and other procedural matters;

 IT IS HEREBY ORDERED THAT:

  1. If at any time a non-party to this proceeding, with the exception of the bodies set out in section 23 of MFDA By-law No. 1, requests production of or access to exhibits in this proceeding that contain personal information as defined by the MFDA Privacy Policy, then the MFDA Corporate Secretary shall not provide copies of or access to the requested exhibits to the non-party without first redacting from them any and all personal information, pursuant to Rules 1.8(2) and (5) of the MFDA Rules of Procedure;
  2. The Respondent has been served with the Notice of Hearing in accordance with Rule 4.2 of the MFDA Rules of Procedure;
  3. The 30 day period requirement between service of the Notice of Hearing and the date of the first appearance set out in Rule 7.1(2) of the MFDA Rules of Procedure is abridged, pursuant to Rule 2.2 of the MFDA Rules of Procedure;
  4. MFDA Staff shall send a letter to the Respondent’s last known address and email address, advising him that if he wants disclosure of all relevant documents related to this proceeding, the Respondent should contact MFDA Staff to request disclosure and provide an address for the delivery of disclosure materials; and
  5. The hearing of this matter on the merits shall take place before the Hearing Panel on May 19 – 20, 2022, commencing at 10:00 a.m. (Eastern) each day, or as soon thereafter as the hearing can be held, in the MFDA hearing room, 121 King Street West, Suite 1000, Toronto, Ontario M5H 3T9, or, subject to a further order of the Hearing Panel, by way of electronic hearing.

DATED: Jan 11, 2022

"Emily Cole"

Emily Cole

Chair


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