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Order

Re:

Order


Order
File No. 200808




IN THE MATTER OF A DISCIPLINARY HEARING
PURSUANT TO SECTIONS 20 AND 24 OF MFDA BY-LAW NO. 1
OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA

Re: Ronald Lindsay Brown


ORDER

WHEREAS this proceeding was commenced by Notice of Hearing issued
May 14, 2008;
WHEREAS prior to an appearance before the Hearing Panel by teleconference
on February 23, 2010 to set a schedule for the continuation of this proceeding, the
Respondent informed Staff that he did not intend to participate in the teleconference call
on February 23, 2010;
AND WHEREAS Sandy Grant, who was an industry representative on the
Hearing Panel prior to February 23, 2010, was elected to the Board of Directors of the
MFDA and was therefore unable to continue to serve on the Hearing Panel;
AND WHEREAS the Chair of the Hearing Panel exercised his discretion
pursuant to s. 19.9(b) of MFDA By-law No. 1 to continue the proceeding with a
two-member Hearing Panel and an Order dated March 5, 2010 was issued by the Hearing
Panel which stated, among other things, that the hearing would proceed with a
two-member Hearing Panel;
AND WHEREAS following the February 23, 2010 appearance by
teleconference, the Respondent served and filed a Notice of Motion returnable on
1 of 2

Monday, May 31, 2010 and indicated his intention to participate in the hearing on the
merits;
AND WHEREAS having regard to the Respondent’s decision after
February 23, 2010 to participate in the proceeding, the novel issues raised by the
Respondent’s motion and the desirability of having a three-member Hearing Panel that
includes two industry representatives presiding over a disciplinary proceeding, an
appearance was scheduled by teleconference on May 18, 2010 at which Staff and the
Respondent requested that the Chair of the Hearing Panel consider appointing an industry
representative to replace Mr. Grant on the Hearing Panel prior to the hearing of the
Respondent’s motion and the hearing of the matter on its merits;
AND UPON HEARING oral submissions of Staff and the Respondent during the
appearance by teleconference on May 18, 2010;
AND WHEREAS in accordance with s. 19.9(b) of MFDA By-law No. 1, the
Chair of the Hearing Panel is of the opinion that a second industry representative should
be appointed to the Hearing Panel so that the proceeding continues before a

three-member Hearing Panel;
IT IS HEREBY ORDERED THAT:
1.
The Corporate Secretary’s Office of the MFDA shall appoint a second industry
representative to the Hearing Panel prior to the hearing of the Respondent’s
motion on May 31, 2010.
DATED this 18th day of May, 2010.
Per: “Thomas J. Lockwood”

Thomas J. Lockwood, Q.C., Chair
Per: “Christopher Marrese”

Christopher Marrese, Industry Representative

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