Ontario Securities Commission
Commission des valeurs mobilières de l’Ontario
22nd Floor 20 Queen Street West Toronto ON M5H 3S8
22e étage 20, rue Queen Ouest Toronto ON M5H 3S8
File No. 2018-6
IN THE MATTER OF
MUCHOKI FUNGAI SIMBA
(also known as Henderson MacDonald Alexander Butcher)
REASONS AND DECISION
Hearing:
March 29, 2018
Decision:
April 4, 2018
Panel:
D. Grant Vingoe
Vice Chair and Chair of the Panel
Appearances:
Alvin Qian
For Staff of the Commission
No one appearing on behalf of Muchoki Fungai Simba
REASONS AND DECISION
1On February 8, 2018, Staff of the Ontario Securities Commission issued a Statement of Allegations pursuant to section 127 of the Securities Act, RSO 1990, c S.5, against Muchoki Fungai Simba (Simba).
2The first attendance was originally scheduled for March 29, 2018. Staff appeared on this date. However, Simba did not attend although properly served.
3At this attendance, Staff provided an Affidavit of Service of Laura Filice, sworn February 13, 2018, which contained as an exhibit an email from Simba advising of his request to remove all references to the name Henderson MacDonald Alexander Butcher (Butcher) on the basis that this name had historical connotations that were offensive to him.
4I treated this email as a motion to amend the Statement of Allegations and waived the filing requirements for such a motion.
5Staff advised that they did not agree with removing the reference to Butcher, but suggested instead to amend the Statement of Allegations to reflect that Butcher was a “previous” name of Simba. Staff advised that Simba had legally changed his name from Butcher to Simba.
6Based on Simba’s email and the submissions made at the attendance by Staff, in my view at this time, it is appropriate to follow Staff’s proposal and an amended Statement of Allegations will be issued following these reasons. The amended Statement of Allegations will reflect that Butcher is the “previous” name of Simba.
7I agree with Staff’s approach because it is in the public interest for the public record to show when an individual has used more than one name, and particularly in cases where the individual is a former registrant and was registered under the former name.
8Simba may make additional submissions on the issue of the amended Statement of Allegations at the next scheduled attendance on April 23, 2018 at 11:30 a.m.
Dated at Toronto this 4th day of April, 2018.
“D. Grant Vingoe”
D. Grant Vingoe