Order: In the Matter of Al-tar Energy Corp. et al.
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
-AND-
IN THE MATTER OF AL-TAR ENERGY CORP., ALBERTA ENERGY CORP.,
DRAGO GOLD CORP., DAVID C. CAMPBELL, ABEL DA SILVA,
ERIC F. O’BRIEN AND JULIAN M. SYLVESTER
ORDER
(Sections 127(1) & 127(8))
WHEREAS on July 3, 2007, the Ontario Securities Commission (the "Commission") issued a Temporary Order pursuant to subsection 127(5) of the Securities Act R.S.O. 1990, c. S.5, as amended (the “Act”) that: (i) all trading by Al-Tar Energy Corp. (“Al-Tar”), Alberta Energy Corp. (“Alberta Energy”) and their officers, directors, employees and/or agents, in securities of Al-Tar and Alberta Energy shall cease; and, (ii) Al-Tar, Alberta Energy, Eric O’Brien (“O’Brien”), Julian Sylvester (“Sylvester”), Bill Daniels, Bill Jakes, John Andrews, Michael N. Whale, James S. Lushington, Ian W. Small, Tim Burton and Jim Hennesy cease trading in all securities (the "First Temporary Order");
AND WHEREAS on July 6, 2007, the Commission issued a Notice of Hearing to consider, among other things, the extension of the First Temporary Order, to be held on July 17, 2007 at 10 a.m;
AND WHEREAS on July 17, 2007, the Commission held a hearing, none of the Respondents named in the First Temporary Order attended and the Commission ordered that the First Temporary Order be extended until September 11, 2007;
AND WHEREAS on September 11, 2007, the Commission held a hearing, none of the Respondents named in the First Temporary Order attended and the Commission ordered that the First Temporary Order be extended until December 18, 2007;
AND WHEREAS on December 18, 2007, the Commission held a hearing, none of the Respondents named in the First Temporary Order attended and the Commission ordered that the First Temporary Order be extended until the end of the hearing on the merits;
AND WHEREAS on February 14, 2008, Staff of the Commission issued a Statement of Allegations with respect to Al-Tar, Alberta Energy, O’Brien, Sylvester, Drago Gold Corp. (“Drago Gold”), David C. Campbell (“Campbell”) and Abel Da Silva (“Da Silva”);
AND WHEREAS on February 14, 2008, the Commission issued a Notice of Hearing, to be held on March 19, 2008, to consider, inter alia, whether it is in the public interest to order that: (a) Drago Gold, Campbell and Da Silva and their employees, agents and/or salespersons shall cease trading in the securities of Al-Tar, Alberta Energy and Drago Gold; and (b) Drago Gold, Campbell and Da Silva cease trading in any securities;
AND WHEREAS on March 19, 2008, the Commission held a hearing, counsel for Da Silva attended and advised the Commission that Da Silva was not opposed to the issuance of a temporary cease trade order, and Drago Gold and Campbell did not appear at the hearing;
AND WHEREAS on March 19, 2008, the Commission issued an order that: (a) Drago Gold, Campbell and Da Silva and their employees, agents and/or salespersons shall cease trading in the securities of Al-Tar, Alberta Energy and Drago Gold; and (b) Drago Gold, Campbell and Da Silva cease trading in any securities and ordered that it continue until September 30, 2008 (the “Second Temporary Order”);
AND WHEREAS on March 19, 2008, the Commission also ordered that Al-Tar, Alberta Energy, Drago Gold, Campbell, Da Silva, O’Brien and Sylvester complete a pre-hearing conference before June 30, 2008;
AND WHEREAS on June 24, 2008, a pre-hearing conference was held with Staff and O’Brien personally and on behalf of Al-Tar attending, and none of the other Respondents attended;
AND WHEREAS on June 24, 2008, the Commission ordered that the hearing of this matter on the merits shall be held on April 20, 2009 through to April 27, 2009 at the offices of the Commission on the 17th floor, 20 Queen Street West, Toronto;
AND WHEREAS on September 30, 2008, the Commission held a hearing to consider whether to extend the Second Temporary Order, with Staff attending but Da Silva, Campbell, and Drago Gold did not attend;
AND WHEREAS the Commission has considered the submissions before it;
AND WHEREAS, pursuant to subsection 127(8) of the Act, satisfactory information has not been provided to the Commission by any of the Respondents;
AND WHEREAS the Commission is of the opinion that the time required to conclude a hearing could be prejudicial to the public interest as set out in subsection 127(5) of the Act;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;
IT IS HEREBY ORDERED, pursuant to subsection 127(8) of the Act, that the Second Temporary Order is extended until the end of the hearing on the merits.
DATED at Toronto this 30th of September, 2008.
“David L. Knight” David L. Knight, FCA |
“Suresh Thakrar” Suresh Thakrar, FICB |