Decision Content

IN THE MATTER OF:   THE SECURITIES ACT

 

-and-

 

IN THE MATTER OF:   NEIL FRIESEN also known as

      CORNELIUS FRIESEN,

      AGATHA FRIESEN AND

      5205557 MANITOBA INC.

 

 

 

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 Wednesday, the 9th day of September, 2020 commencing at 9:30 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, pursuant to section 148 of The Securities Act ("Act"), that Neil Friesen also known as Cornelius Friesen (“NEIL”), Agatha Friesen ("AGATHA") and/or 5205557 Manitoba Inc. (“5205557”) be cease traded;

 

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

 

(a)          subsection 19(1) of the Act does not, with respect to such of the trades referred to in that section, apply to NEIL, AGATHA and/or 5205557;

 

(b)          subsection 19(2) of the Act does not, with respect to such of the securities referred to in that section, apply to NEIL, AGATHA and/or 5205557;

 

3.            whether or not it is in the public interest to order, pursuant to subsection 148.1(1) of the Act, that 5205557 pay an administrative penalty;

 

4.            whether or not it is in the public interest to order, pursuant to section 148.3 of the Act, that NEIL and AGATHA resign and be prohibited from becoming or acting as a director or officer of any issuer;

 

5.            whether or not pursuant to section 148.2 of the Act, that 5205557 be ordered to pay compensation for financial loss;

 

6.            whether or not it is in the public interest to order that AGATHA and/or 5205557 pay the costs of and incidental to the hearing;

 

7.            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 the allegations set out in the Statement of Allegations of staff of the Commission dated June 17, 2020.

 

            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 17th day of June, 2020.

 

                                                                                                                                                                                                            Director                                            

 

TO:                 NEIL FRIESEN

                        a.k.a CORNELIUS FRIESEN 

 

AND TO:       AGATHA FRIESEN

 

AND TO:       5205557 MANITOBA 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.