Order: Ontario Securities Commission v Kitts

BETWEEN:

ONTARIO SECURITIES COMMISSION

(Applicant)

- and -

BRIAN ARTHUR KITTS

(Respondent)

File No. 2025-20

Adjudicator: Geoffrey D. Creighton (chair of the panel)

September 26, 2025

ORDER

(Subsections 127(1) and 127(4.0.2) of the Securities Act, RSO 1990, c S.5)

WHEREAS the Capital Markets Tribunal held a hearing in writing to consider an application brought by the Ontario Securities Commission for an order imposing sanctions against the respondent, Brian Arthur Kitts, without giving the respondent an opportunity to be heard, pursuant to subsections 127(1) and 127(4.0.2) of the Securities Act, (the Act);

ON READING the materials filed by the Commission, and the Decision of the Alberta Securities Commission;

IT IS ORDERED THAT:

1. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities or derivatives by the respondent shall cease permanently;
2. pursuant to paragraph 2.1 of subsection 127(1) of the Act, the respondent is permanently prohibited from acquiring any securities;
3. pursuant to paragraph 3 of subsection 127(1) of the Act, any exemptions contained in Ontario securities law do not apply to the respondent permanently;
4. pursuant to paragraphs 7, 8.1, and 8.3 of subsection 127(1) of the Act, the respondent resign all positions that he holds as a director or officer of any issuer, registrant, or investment fund manager;
5. pursuant to paragraphs 8, 8.2, and 8.4 of subsection 127(1) of the Act, the respondent is permanently prohibited from becoming or acting as a director or officer of any issuer, registrant, or investment fund manager; and
6. pursuant to paragraph 8.5 of subsection 127(1) of the Act, the respondent is permanently prohibited from becoming or acting as a registrant, an investment fund manager or a promoter.