IN THE MATTER OF: THE SECURITIES ACT
-and-
IN THE MATTER OF: Financial Sector Issuers
NOTICE OF HEARING
TAKE NOTICE that The Manitoba Securities Commission ("Commission") will hold a public hearing ("Hearing") at its offices at Room 500 - 400 St. Mary Avenue, Winnipeg, Manitoba on Friday, the 3rd day of October, 2008 commencing at 2:00 o’clock in the forenoon or so soon thereafter as the Hearing can be held, and from day to day thereafter until the Hearing is concluded, to consider:
1. whether pursuant to section 148 of The Securities Act, R.S.M. 1988, c. S50 ("Act"), it is in the public interest to order, pursuant to section 148 of The Securities Act, R.S.M. 1988, c. S50 ("Act"), that trading that constitutes a short sale in the common equity securities of certain financial sector issuers be prohibited;
2. whether under s. 144 and 148(4) of the Act, it is appropriate to give notice of any order made by way of publication on the Commission’s website;
3. such further and other matters and the making of such further and other orders as the Commission may deem appropriate.
BY REASON OF THE FOLLOWING ALLEGATIONS:
By reason of an Order issued by the United States Securities and Exchange Commission dated October 1, 2008 (to be filed), Commission Order No. 5783 dated September 23, 2008, and such other material as staff counsel may advise and the panel may allow.
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 500 – 400 St. Mary Avenue, 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 2nd day of October, 2008.
Director – Corporate Finance