Order

WHEREAS on December 17, 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 Simon Christopher Kelly (the “Respondent”);

AND WHEREAS on December 22, 2021, the MFDA published on the MFDA public website a news release advising that the date of the first appearance would be held on March 1, 2022 commencing at 10:00 a.m. (Mountain);

AND WHEREAS on March 1, 2022, 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 counsel for the Respondent was in attendance at the appearance, and the Hearing Panel heard submissions of Enforcement Counsel for Staff;

IT IS HEREBY ORDERED THAT:

1. The Respondent shall serve a Reply on Enforcement Counsel and file a Reply with the Office of the Corporate Secretary by no later than March 18, 2022, 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
         Suite 850, 800 6th Ave SW
         Calgary, AB T2P 3G3
         Attention: Justin Dunphy
         E-mail: [email protected]
   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 [email protected].
2. MFDA Staff shall provide disclosure to the Respondent in accordance with Rule 10 of the Rules of Procedure by no later than April 15, 2022;
3. The Respondent shall provide disclosure to MFDA Staff in accordance with Rule 10 of the Rules of Procedure by no later than May 6, 2022;
4. The next appearance of this matter shall take place before the Hearing Panel by teleconference on May 16, 2022 at 10:00 a.m. (Mountain), or as soon thereafter as the appearance can be held.
5. The hearing of this matter on its merits shall take place before a Hearing Panel of the Prairie Regional Council from July 18 to 20, 2022, commencing at 10:00 a.m. (Mountain) each day, or as soon thereafter as the matter can be heard, in the hearing room at the offices of the MFDA, 800-6th Avenue S.W., Suite 850, Calgary, Alberta.