Order: In the Matter of Borealis International Inc. et al.

 

      WHEREAS on November 15, 2007, the Ontario Securities Commission (the “Commission”) made an order pursuant to sections 127(1) and (5) of the Securities Act, R.S.O. 1990, c. S.5., as amended, in respect of Borealis International Inc. (“Borealis”), Synergy Group (2000) Inc. (“Synergy”), Integrated Business Concepts Inc. (“IBC”), Canavista Corporate Services Inc. (“Canavista Corporate”), Canavista Financial Center Inc. (“Canavista Financial”), Shane Smith (“Smith”), Andrew Lloyd, Paul Lloyd, Vince Villanti (“Villanti”), Larry Haliday (“Haliday”), Jean Breau (“Breau”), Joy Statham (“Statham”), David Prentice (“Prentice”), Len Zielke (“Zielke”), John Stephan (“Stephan”), Ray Murphy (“Murphy”), Derek Grigor (“Grigor”), Earl Switenky (“Switenky”) and Alexander Poole (“Poole”) (the “Original Respondents”) that all trading in securities by and of the Original Respondents, with the exception of Poole, cease, and that any exemptions contained in Ontario securities law do not apply to the Original Respondents, with the exception of Poole (the “Temporary Order”);

      AND WHEREAS the Temporary Order also provided that pursuant to clause 1 of section 127(1), the following terms and conditions were imposed on Poole’s registration: Poole shall be subject to monthly supervision by his sponsoring firm which, commencing November 30, 2007, will submit monthly supervision reports to the Commission (attention: Manager, Registrant Regulation) in a form specified by the Manager, Registrant Regulation, reporting details of Poole’s sales activities and dealings with clients;

      AND WHEREAS on November 15, 2007, the Commission issued a Notice of Hearing and Statement of Allegations in this matter;

      AND WHEREAS on November 28, 2007, the Commission ordered that the Temporary Order be continued in respect of the Original Respondents, except Borealis, Synergy, IBC, Canavista Financial, Smith, Villanti, Haliday, Breau, Paul Lloyd, Zielke, Grigor and Switenky, until May 27, 2008;

      AND WHEREAS on November 28, 2007, the Commission ordered that in respect of Borealis, Synergy, IBC, Canavista Financial, Smith, Villanti, Haliday, Breau, Paul Lloyd, Zielke, Grigor and Switenky, the Temporary Order be continued until January 11, 2008;

      AND WHEREAS on January 11, 2008, the Commission ordered that in respect of the Original Respondents, the Temporary Order be continued until May 27, 2008;

      AND WHEREAS on May 22, 2008, the Commission issued an Amended Notice of Hearing and an Amended Statement of Allegations by which, inter alia, the following individuals were added as respondents: Michelle Dickerson (“Dickerson”), Derek Dupont (“Dupont”), Bartosz Ekiert (“Ekiert”), Ross Macfarlane (“Macfarlane”), Brian Nerdahl (“Nerdahl”), Hugo Pittoors (“Pitoors”), and Larry Travis (“Travis”) (collectively the “New Respondents”);

      AND WHEREAS on May 27, 2008, the Commission ordered that all trading in securities by Dickerson, Dupont, Ekiert, Macfarlane, Nerdahl, Pittoors and Travis cease and that any exemptions contained in Ontario securities law not apply to them and that the Order be continued until June 18, 2008 or until further order of the Commission;

      AND WHEREAS on May 27, 2008, the Commission ordered that in respect of the Original Respondents, including Poole, the Temporary Order be continued until June 18, 2008;

      AND WHEREAS on June 17, 2008, the Commission ordered that the hearing on the merits commence on May 4, 2009 and that the Temporary Order be continued until the completion of the hearing on the merits;

      AND WHEREAS on April 1, 2009, counsel for the respondents Synergy Group (2000) Inc., Shane Smith, Andrew Lloyd and David Prentice (the “Moving Parties”) brought a motion before the Commission requesting an adjournment of the hearing on the merits;

      AND UPON REVIEWING the Motion Record dated April 1, 2009;

      AND UPON HEARING submissions of Staff of the Commission and counsel to the Moving Parties, and counsel to Jean Breau, Borealis International Inc., Integrated Business Concepts, Vince Villanti, and Larry Haliday on April 6, 2009;

      AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;

      IT IS ORDERED THAT:

 

1. the hearing on the merits shall commence on May 26, 2009 at 2:30 p.m. at the offices of the Commission, 20 Queen Street West, 17th floor, Toronto; and
2. the Temporary Order is continued until the completion of the hearing on the merits or until further order of the Commission.

DATED at Toronto this 8^th day of April, 2009.

 

 

 

" Lawrence E. Ritchie " Lawrence E. Ritchie Vice-Chair