Ontario Securities Commission v. David De Gouveia, 2014 ONSEC 11

Commission des valeurs mobilières de l’Ontario

22nd Floor 20 Queen Street West Toronto ON M5H 3S8

22e étage 20, rue queen oust Toronto ON M5H 3S8

Citation: David De Gouveia, 2014 ONSEC 11

Date: 2014-04-24

IN THE MATTER OF THE SECURITIES ACT, R.S.O. 1990, c. S.5, AS AMENDED

and -

IN THE MATTER OF DAVID DE GOUVEIA

ORDER

(Subsections 127(1) and 127(10) of the Securities Act)

WHEREAS on February 18, 2014, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to subsections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in respect of David De Gouveia (“De Gouveia”);

AND WHEREAS on February 18, 2014, Staff of the Commission (“Staff”) filed a Statement of Allegations in respect of the same matter;

AND WHEREAS on March 19, 2014, the Commission heard an application by Staff to convert the matter to a written hearing, in accordance with Rule 11.5 of the Ontario Securities Commission’s Rules of Procedure (2012), 35 O.S.C.B. 10071, and subsection 5.1(2) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended;

AND WHEREAS De Gouveia did not appear, although properly served as set out in the Affidavit of Service of Lee Crann, sworn March 17, 2014 and filed with the Commission;

AND WHEREAS on March 19, 2014, the Commission ordered that:

(a) Staff’s application to proceed by way of written hearing is granted;

(b) Staff’s materials in respect of the written hearing shall be served and filed no later than March 31, 2014;

(d) Staff’s reply materials, if any, shall be served and filed no later than April 29, 2014;

AND WHEREAS Staff filed written submissions, a hearing brief, a book of authorities, and the Affidavits of Service of Lee Crann sworn March 17 and April 2, 2014;

AND WHEREAS De Gouveia did not provide any materials;

AND WHEREAS De Gouveia is subject to an order of the Alberta Securities Commission, dated June 6, 2013, that imposes sanctions, conditions, restrictions or requirements on him within the meaning of paragraph 4 of subsection 127(10) of the Act;

AND WHEREAS on April 24, 2014, the Commission issued its reasons and decision in this matter;

AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;

IT IS HEREBY ORDERED that:

(a) pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities by Gouveia shall cease up to and including June 6, 2023; and

(b) pursuant to paragraph 2.1 of subsection 127(1) of the Act, the acquisition of any securities by Gouveia shall be prohibited up to and including June 6, 2023.

DATED at Toronto this 24th day of April, 2014.

“Alan J. Lenczner”

Alan J. Lenczner, Q.C.