Hearings and Proceedings

Decision Information

Decision Content

IN THE MATTER OF: THE SECURITIES ACT

-and-

IN THE MATTER OF:

JOHN FRIESEN also known as
JOHN "THRASHER" FRIESEN
and FUTRONICS INC.

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 Wednesday, the 6th day of March, 2002 commencing at 9:00 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 or not it is in the public interest to order that the cease trade Order No. 3665 dated February 20, 2002 issued pursuant to section 148 of The Securities Act (the "Act") against the Respondent Futronics Inc. ("Futronics") be extended for such period of time as the Commission considers necessary;

2. whether or not it is in the public interest to order that the denial of exemptions Order No. 3665 dated February 20, 2002 issued pursuant to section 19(5) of the Act against the Respondent John Friesen also known as John "Thrasher" Friesen ("Friesen") be extended for such period of time as the Commission considers necessary;

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:

1.    The Commission issued Order No. 3665 dated February 20, 2002 pursuant to sections 148 and 19(5) of the Act (the "Order") ordering that securities of Futronics be cease traded forthwith and that Friesen be denied the exemptions under the Act forthwith;

2.    The Order was issued without notice to either of the Respondents on the basis that the holding of a hearing would cause a delay which would be prejudicial to the public interest;

3.    The Order unless extended by further order of the Commission will expire on March 7th, 2002;

4.    Commission staff are in the process of continuing to gather further evidence related to this matter, which evidence cannot be obtained by March 7th, 2002.

    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 21st day of February, 2002.

Director, Legal and Enforcement

TO:
JOHN FRIESEN also known as
JOHN "THRASHER" FRIESEN
AND TO:
FUTRONICS INC.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.