Order: In the Matter of Colby Cooper Capital Inc. et al.

Order
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IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED

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IN THE MATTER OF COLBY COOPER CAPITAL INC.,
COLBY COOPER INC., PAC WEST MINERALS LIMITED
and JOHN DOUGLAS LEE MASON

ORDER
(Section 127 of the Act)



    WHEREAS on March 27, 2012, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 37, 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in connection with a Statement of Allegations filed by Staff of the Commission (“Staff”) on March 27, 2012 in respect of Colby Cooper Capital Inc. (“CCCI”), Colby Cooper Inc. (“CCI”), Pac West Minerals Limited (“Pac West”) and John Douglas Lee Mason (“Mason”) (collectively, the “Respondents”);

    AND WHEREAS the Respondents were served with the Notice of Hearing and Statement of Allegations on March 28, 2012;

    AND WHEREAS at the first attendance hearing on April 23, 2012, Staff and counsel for CCCI and Mason appeared, and counsel for CCCI and Mason advised the Commission that it had instructions to also appear on behalf of CCI and Pac West for that attendance;

    AND WHEREAS on April 23, 2012, Staff requested that a confidential pre-hearing conference be scheduled, and counsel for the Respondents agreed, and the Commission ordered that a confidential pre-hearing conference take place on June 26, 2012;

    AND WHEREAS on June 26, 2012, Staff and counsel for the Respondents appeared before the Commission, and at the request of Staff and with the agreement of counsel for the Respondents, the Commission ordered that a further confidential pre-hearing conference take place on August 16, 2012;

    AND WHEREAS on August 16, 2012, Staff and counsel for the Respondents appeared before the Commission, and at the request of Staff and with the agreement of counsel for the Respondents, the Commission ordered that a further confidential pre-hearing conference take place on October 12, 2012;

    AND WHEREAS on October 12, 2012, Staff and counsel for the Respondents appeared before the Commission, and at the request of Staff and with the agreement of counsel for the Respondents, the Commission ordered that a further confidential pre-hearing conference take place on December 19, 2012;

    AND WHEREAS on December 19, 2012, Staff and counsel for the Respondents appeared before the Commission, and at the request of Staff and with the agreement of counsel for the Respondents, the Commission ordered that a confidential pre-hearing conference take place on March 25, 2013 at 9:00 a.m.;

    AND WHEREAS Staff and counsel for the Respondents have agreed to adjourn the confidential pre-hearing conference scheduled for March 25, 2013 to April 24, 2013 at 11:00 a.m.;

    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 date of March 25, 2013 scheduled for a confidential pre-hearing conference is vacated; and
  2. a confidential pre-hearing conference shall take place on April 24, 2013 at 11:00 a.m. or on such other date or at such other time as set by the Office of the Secretary and agreed to by the parties.

    DATED at Toronto this 22nd day of March, 2013.

 

" Edward P. Kerwin "
Edward P. Kerwin