Order: In the Matter of Newer Technologies Limited et al.
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
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IN THE MATTER OF NEWER TECHNOLOGIES LIMITED, RYAN PICKERING
AND RODGER FREY
(Subsection 127(1) and section 127.1)
WHEREAS on December 4, 2012, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in connection with a Statement of Allegations filed by Staff of the Commission (“Staff”) on December 4, 2012 in respect of Newer Technologies Limited, Ryan Pickering and Rodger Frey (collectively, the “Respondents”);
AND WHEREAS the Respondents were served with the Notice of Hearing and Statement of Allegations on December 5, 2012;
AND WHEREAS the Notice of Hearing provided that a hearing would be held at the temporary hearing rooms of the Commission on January 11, 2013;
AND WHEREAS at the first attendance on January 11, 2013, Staff and counsel for Newer Technologies Limited and Ryan Pickering attended before the Commission;
AND WHEREAS Rodger Frey did not appear, however Staff indicated that Rodger Frey had contacted Staff to notify them that he was aware of the attendance but would not be present;
AND WHEREAS Staff requested that a confidential pre-hearing conference be scheduled, and counsel agreed;
AND WHEREAS the Commission ordered that a confidential pre-hearing conference take place on March 18, 2013 at 9:00 a.m. or as soon thereafter as the hearing can be held;
AND WHEREAS at the confidential pre-hearing conference on March 18, 2013, Staff and counsel for Newer Technologies Limited and Ryan Pickering, and counsel for Rodger Frey attended and Staff requested that a further confidential pre-hearing conference be scheduled, and counsel agreed;
AND WHEREAS the Commission is of the opinion that it is in the public interest to issue this order;
IT IS HEREBY ORDERED that a confidential pre-hearing conference shall take place on July 9, 2013 at 10:00 a.m. or as soon thereafter as the hearing can be held.
DATED at Toronto this 18th day of March, 2013.
James E. A. Turner