IN THE MATTER OF: THE SECURITIES ACT
-and-
IN THE MATTER OF: GARY PETER PERCH
NOTICE OF DISCONTINUANCE
TAKE NOTICE THAT:
(A)
On June 22, 2006, The Manitoba Securities Commission (“Commission”)
issued a Notice of Hearing (“Notice of Hearing”) giving notice of its intention to hold a
hearing (“Proceedings”) to consider whether or not it was in the public interest to make
orders against the respondent Gary Peter Perch (“PERCH”) including orders of Financial
Loss Compensation pursuant to The Securities Act (“Act”).
(B)
Some time prior to the Proceedings having been commenced, PERCH
had filed for bankruptcy.
(C)
On August 30, 2006, the Commission issued a Notice advising of an
adjournment of the Proceedings to a later date to be announced, pending the outcome
of another matter regarding a respondent other than PERCH proceeding to the Court of
Queen’s Bench to address the impact of bankruptcy upon Financial Loss Compensation
claims. On March 17, 1999, a decision was rendered by the court in the other matter.
(D)
In addition, a prosecution by the Commission in the Provincial Court of
Manitoba against PERCH was concluded on April 28, 2006. The Enforcement Summary
for
the
prosecution
may
be
found
at:
http://www.msc.gov.mb.ca/legal_docs/investigation/reasons/perch.html.
(E)
In consideration of all of the foregoing, Staff of the Commission are
discontinuing the Proceedings against PERCH.
DATED at Winnipeg, Manitoba on January ____, 2011.
___________________________
Director, Legal and Enforcement
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