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Notice of Settlement Hearing

IN THE MATTER OF A SETTLEMENT HEARING PURSUANT TO SECTION 24.4 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA

Re:

Notice of Settlement Hearing

Notice of Settlement Hearing
File No. 201035



IN THE MATTER OF A SETTLEMENT HEARING
PURSUANT TO SECTION 24.4 OF BY-LAW NO. 1 OF
THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA


Re: W. H. Stuart Mutuals Ltd.



NOTICE OF SETTLEMENT HEARING

NOTICE is hereby given that a hearing will be held before a hearing panel of the Central
Regional Council (the “Hearing Panel”) of the Mutual Fund Dealers Association of Canada (the
“MFDA”) in the hearing room located at 121 King Street West, Suite 1000, Toronto, Ontario, on
January 26, 2012 at 10:00 a.m. (Eastern), or as soon thereafter as the hearing can be held, to
consider whether, pursuant to section 24.4 of MFDA By-law No. 1, the Hearing Panel should
accept the settlement agreement (the “Settlement Agreement”) entered into between Staff of the
MFDA and W. H. Stuart Mutuals Ltd. (the “Respondent”).

The subject matter of the proposed Settlement Agreement concerns matters for which the
Respondent may be disciplined as a Member of the MFDA, pursuant to ss. 20 and 24.1.2 of
MFDA By-law No. 1.

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PARTICULARS

1.
The Settlement Agreement concerns allegations that:

(a) prior to February 28, 2009, the Respondent failed to establish, implement, maintain
and adhere to adequate policies and procedures to ensure that branch managers and
head office compliance staff maintained adequate records of trade supervision,
contrary to MFDA Rules 2.2.1, 2.5 and 2.10 and MFDA Policy No. 2; and

(b) while the Respondent was designated in early warning from February 12, 2009 to
September 28, 2009, it breached early warning restrictions that were applicable to it,
contrary to MFDA Rule 3.4.2(b)(iv)(C).

2.
The hearing will be open to the public, unless and to the extent that the Hearing Panel
determines that all or part of the hearing should proceed in the absence of the public. If the
Hearing Panel accepts the Settlement Agreement, then copies of the decision of the Hearing
Panel and the Settlement Agreement will be made available to the public.


DATED this 16th day of December, 2011.

“Jason D. Bennett”

Jason D. Bennett

Corporate Secretary

Mutual Fund Dealers Association of Canada
121 King Street West, Suite 1000
Toronto, Ontario
M5H 3T9
Telephone: 416-943-7431
Facsimile: 416-361-9781
Email: [email protected]

Doc 279386

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