WHEREAS on August 3, 2022, 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 Leszek Dziadecki (the “Respondent”) which shall take place before a hearing panel of the Central Regional Council (the “Hearing Panel”);
AND WHEREAS an affidavit of service sworn by Terri Ash on October 19, 2022, and filed by Staff, states that on October 11, 2022, the Respondent’s counsel accepted service of the Notice of Hearing by e-mail;
AND WHEREAS in accordance with s. 19.13 of MFDA By-Law No. 1, the first appearance in this hearing was held by videoconference before a public representative of the Central Regional Council of the MFDA (the “Chair of the Hearing Panel”) on October 19, 2022;
AND WHEREAS counsel for Staff and counsel for the Respondent attended the first appearance by videoconference and made submissions to the Chair of the Hearing Panel concerning scheduling and other procedural matters;
IT IS HEREBY ORDERED THAT:
- In accordance with Rule 2.2(1)(a) of the MFDA Rules of Procedure, the Respondent’s time to deliver a reply shall be extended to November 11, 2022.
- Subject to any further order of the Hearing Panel, Staff shall deliver its anticipated Amended Notice of Hearing on or before December 2, 2022.
- In accordance with Rule 10.1 of the MFDA Rules of Procedure, Staff shall provide documentary disclosure to the Respondent on or before December 16, 2022.
- In accordance with Rule 10.2 of the MFDA Rules of Procedure, the Respondent shall provide documentary disclosure to Staff on or before January 13, 2023.
- Subject to any further order of the Hearing Panel, January 23, 2023 is reserved for any pre-hearing motions either Staff or the Respondent may wish to have heard.
- In accordance with Rule 11 of the MFDA Rules of Procedure, the parties shall exchange lists of anticipated witnesses, and in respect of each witness named on the list, provide a witness statement signed by the witness, a transcript of a recorded statement by the witness, or a summary of the evidence that the witness is expected to give at the hearing, on or before February 10, 2023.
- Subject to any further order of the Hearing Panel, the hearing of this matter on its merits shall take place electronically by videoconference on February 27 to March 3, 2023, commencing at 10:00 a.m. (Eastern), each day, or as soon thereafter as this matter can be heard.
Frederick H. WebberFrederick H. WebberChair