Order

WHEREAS on May 12, 2014, 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 Michael Andrew Harrigan (the “Respondent”);

AND WHEREAS the Respondent served and filed a Reply;

AND WHEREAS the first appearance in this proceeding took place on July 10, 2014 by means of a teleconference before one public representative of a Regional Council acting on behalf of a Hearing Panel of the Atlantic Regional Council of the MFDA, pursuant to section 19.13(b) of MFDA By-law No. 1;

AND WHEREAS the Hearing on the Merits was scheduled to proceed on April 13-17, 2015 and April 20-24, 2015 commencing each day at 10:00 a.m. (Atlantic) or as soon thereafter as possible in the hearing room at the Nova Scotia Securities Commission at Suite 400, Duke Tower, 5251 Duke Street, Halifax, Nova Scotia;

AND WHEREAS the Respondent brought a Motion returnable April 13, 2015 before a fully empanelled Hearing Panel (the “Hearing Panel”) seeking to have the Chair of the Hearing Panel recused based on the alleged grounds of reasonable apprehension of bias;

AND WHEREAS on April 13 and 14, 2015, the Hearing Panel received oral and written submissions from the Respondent, acting pro se, and counsel for Staff in respect of the Respondent’s motion;

IT IS HEREBY ORDERED BY THE CHAIR THAT:

1. 1. If at any time a non-party to this Motion requests production of, or access to, any materials filed in, or the record of, this Motion, including all exhibits and transcripts, the MFDA Corporate Secretary shall not provide copies of, or access to, the requested documents to the non-party without first redacting from them any and all intimate financial or personal information, pursuant to Rules 1.8(2) and (5) of the MFDA Rules of Procedure; and
2. The Chair has recused himself from continuing to act as Chair in this proceeding, with written reasons for decision to follow.