Order: In the Matter of Irwin Boock et al.
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, as amended
- and -
IN THE MATTER OF
IRWIN BOOCK, STANTON DEFREITAS, JASON WONG,
SAUDIA ALLIE, ALENA DUBINSKY, ALEX KHODJAIANTS
SELECT AMERICAN TRANSFER CO.,
LEASESMART, INC., ADVANCED GROWING SYSTEMS, INC.,
INTERNATIONAL ENERGY LTD., NUTRIONE CORPORATION,
POCKETOP CORPORATION, ASIA TELECOM LTD.,
PHARM CONTROL LTD., CAMBRIDGE RESOURCES CORPORATION,
COMPUSHARE TRANSFER CORPORATION,
FEDERATED PURCHASER, INC., TCC INDUSTRIES, INC., FIRST NATIONAL
ENTERTAINMENT CORPORATION, WGI HOLDINGS, INC.
and ENERBRITE TECHNOLOGIES GROUP
ORDER
(Section 127 and 127.1)
WHEREAS on October 16, 2008, the Ontario Securities Commission (the “Commission”) commenced the within proceeding by issuing a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”);
AND WHEREAS on December 10, 2009 the Commission ordered that the hearing on the merits of this matter (the “Merits Hearing”) shall commence on February 1, 2010;
AND WHEREAS after a series of preliminary matters in this proceeding, on May 24, 2011, the Commission ordered that the hearing on the merits shall commence on February 1, 2012, and shall continue as scheduled thereafter;
AND WHEREAS on February 1, 2012, counsel for Alex Khodjaiants brought a motion to adjourn the hearing on the merits until May 2012 to permit Khodjaiants to retain him for representation at the hearing on the merits;
AND WHEREAS on the same date the respondent, Alex Khodjaiants, advised the panel of the proper spelling of his name (hereinafter, “Khodjaiants”) and the Commission ordered that the title of proceeding be amended to change “Alex Khodjiaints” to “Alex Khodjaiants”;
AND WHEREAS the Commission granted an adjournment in part and ordered that the hearing on the merits be adjourned to commence on February 8, 2012;
AND WHEREAS on February 7, 2012, Khodjaiants filed an Application for Judicial Review with the Divisional Court wherein he spelled his name “Khodjiaints” and sought to set aside the Commission’s order dated February 1, 2012 (the “JR Application”);
AND WHEREAS the Commission has noted that the names “Khodjiaints” and “Khodjaiants” are one and the same for the purpose of this proceeding;
AND WHEREAS Staff requested and was granted a brief adjournment of the hearing on the merits in order for Staff to bring a motion to quash the JR Application;
AND WHEREAS on April 3, 2012 Khodjaiants withdrew the JR Application;
AND WHEREAS on April 16, 2012 Khodjaiants brought a motion to adjourn the hearing on the merits to enable him to retain counsel to represent him;
AND WHEREAS on that day Khodjaiants advised the Commission that he lives with Dubinsky and that she does not intend on attending the hearing on the merits;
AND WHEREAS on April 16, 2012 the Commission ordered that the hearing on the merits be adjourned on a peremptory basis and commence on August 7, 2012 and continue on August 8, 9, 10, 13, 15, 16 and 21, 2012, with or without counsel;
AND WHEREAS the hearing on the merits commenced on August 7, 2012 and continued on August 8, 9, 10 and 13, 2012;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order and the parties have consented to the following dates;
IT IS HEREBY ORDERED that,
- Staff shall serve and file their written closing submissions on or by September 17, 2012;
- Khodjaiants shall file his written closing submissions on or by October 29, 2012;
- Staff shall file any written reply on or by November 12, 2012;
- Parties are to attend before the Commission on December 5, 2012 to make their oral closing submissions; and
- The hearing dates of August 15, 16, and 21, 2012 be vacated;
Dated at Toronto, this 13th day of August, 2012.
Vern Krishna