Hearings and Proceedings

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NOTICE OF HEARING

TAKE NOTICE that The Manitoba Securities Commission (the "Commission") will hold a public hearing (the "Hearing") at its offices at Room 1130 – 405 Broadway, Winnipeg, Manitoba on Tuesday, the 19th day of June, 2001 commencing at 1:30 o’clock in the afternoon or so soon thereafter as the Hearing can be held to consider:

1. whether or not it is in the public interest to order, pursuant to subsection 148(1) of The Securities Act (the "Act"), that all trading in securities by Datek Online Brokerage Services LLC, Ameritrade, Inc., and TD Waterhouse Investor Services, Inc. (collectively, the "Respondents") shall cease;

2. whether or not it is in the public interest to order, pursuant to subsection 19(5) of the Act, that:

(a) subsections 19(1) and 19(3) of the Act do not, with respect to such of the trades referred to in those sections, apply to each of the Respondents;

(b) subsection 19(2) of the Act does not, with respect to such of the securities referred to in that section, apply to each of the Respondents;

3. such further and other matters and the making of such further and other orders as the Commission may deem appropriate.

AND FURTHER TAKE NOTICE that the purpose of the hearing will be for the Commission to consider whether to approve the proposed settlements of the proceeding entered into between Staff of the Commission ("Staff") and the Respondents, which approval will be sought by Staff and the Respondents;

AND FURTHER TAKE NOTICE that the hearing will be held jointly with the Ontario Securities Commission, The Manitoba Securities Commission, the Nova Scotia Securities Commission and the Commission des Valeurs Mobilieres du Quebec;

BY REASON OF the allegations set out in the Statement of Allegations of Staff of the Commission and such additional allegations as counsel may advise and the Commission may permit.

AND FURTHER TAKE NOTICE that a person or company attending or submitting evidence at the Hearing may be represented by counsel of its choice.

AND FURTHER TAKE NOTICE that any party to the proceedings may, at the Hearing, call witnesses and submit such evidence relevant to the Hearing as it may wish and, for that purpose, it may obtain from the Director of the Commission at Room 1130 – 405 Broadway, Winnipeg, Manitoba, a form or forms of summons to compel the attendance of witnesses.

AND FURTHER TAKE NOTICE that upon failure of any party to attend at the time and place aforesaid, the Hearing may proceed in that party’s absence and the Commission may make or give any decision or order as though that party were present.

DATED at Winnipeg, Manitoba this 18th day of June, 2001.

"Douglas R. Brown"
Director, Legal and Enforcement