Vanlandschoot (Re), 2024 ONCMT 4

Capital Markets Tribunal Tribunal des marchés financiers

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

22e étage 20, rue Queen ouest Toronto ON M5H 3S8

Citation: Vanlandschoot (Re), 2024 ONCMT 4 Date: 2024-01-22 File No. 2021-6

IN THE MATTER OF KRYSTAL JEAN VANLANDSCHOOT

ORAL REASONS AND DECISION

(Sections 21.7 and 8 of the Securities Act, RSO 1990, c S.5)

Adjudicators: Mary Condon (chair of the panel) Timothy Moseley

Hearing: By videoconference, January 22, 2024

Appearances: Jennie Brodski David Halasz For Staff of the Canadian Investment Regulatory Organization

Sakina Babwani For Staff of the Ontario Securities Commission

No one appearing for Krystal Jean Vanlandschoot

ORAL REASONS AND DECISION

The following reasons have been prepared for publication, based on the reasons delivered orally at the hearing, as edited and approved by the panel, to provide a public record of the oral reasons.

1On December 16, 2020, CIRO (the Canadian Investment Regulatory Organization), at that time the Mutual Fund Dealers Association of Canada, made findings against Krystal Jean Vanlandschoot.¹ Vanlandschoot was found to have misappropriated client funds and to have failed to cooperate with CIRO staff during the investigation into her conduct. Vanlandschoot was sanctioned for this conduct.

2Vanlandschoot brought an application before the Tribunal for review of the CIRO decision on February 5, 2021 (that application was later amended on March 26, 2021). The review application was scheduled to be heard in August of that year.²

3Vanlandschoot has ceased to participate in this proceeding since June 2021, despite numerous attempts from the parties and the Tribunal to get in contact with her. As a result, the hearing of the merits of the application was vacated and the application has not progressed since 2021.

4The Tribunal convened an attendance on January 22, 2024, to discuss the outstanding application. The panel has reviewed the materials filed in this application to date, including the transcript of the last hearing, which was on July 15, 2021.

5The Registrar sent several emails to Vanlandschoot. CIRO staff were copied on those emails, replied to all parties scheduling this hearing and filing materials, and received no indication that the emails did not reach Vanlandschoot. Vanlandschoot did not reply to any communications from the Registrar. We are satisfied that Vanlandschoot did have notice of this hearing, and she had an opportunity to attend the hearing this morning.

6Given the non-attendance of Vanlandschoot and the submissions we heard from CIRO staff and OSC staff, the panel is satisfied that it is reasonable to treat the review application as having been abandoned.

7We will issue an order dismissing the application.

Footnotes

1. 1Vanlandschoot (Re), 2020 CanLII 11314 (CA MFDAC); Vanlandschoot (Re), 2021 CanLII 15678 (CA MFDAC) (Reasons for Decision)
2. 2(2021), 44 OSCB 2980