Order: In the Matter of Andrew Currah et al.
IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c. S.5, AS AMENDED
AND
ANDREW CURRAH, COLIN HALANEN,
JOSEPH DAMM, NICHOLAS WEIR,
PENNY CURRAH AND WARREN HAWKINS
ORDER
WHEREAS on July 23, 2004, the Ontario Securities Commission (the "Commission") issued a Notice of Hearing pursuant to section 127 of the Securities Act, R.S.O. 1990, c. S. 5, (as amended) (the "Act") in relation to the matters set out in a Statement of Allegations dated July 23, 2004, as amended by an Amended Statement of Allegations dated October 20, 2005, in respect of trading in the shares of Findore Minerals Inc.;
AND WHEREAS on October 20, 2005, Staff of the Commission filed an Amended Statement of Allegations;
AND WHEREAS Andrew Currah ("Currah") entered into a settlement agreement dated October 28, 2005 (the "Settlement Agreement") in relation to the matters set out in the Amended Statement of Allegations;
AND WHEREAS the Commission issued a Notice of Hearing dated October 28, 2005 setting down the hearing to consider the Settlement Agreement;
AND WHEREAS the Commission held a hearing on October 31, 2005 to consider the Settlement Agreement;
AND WHEREAS the Commission has considered the Settlement Agreement, the Notice of Hearing, the Amended Statement of Allegations, and the submissions from Currah and from Staff of the Commission;
AND WHEREAS in the opinion of Commissioners Robert L. Shirriff and David L. Knight, it is in the public interest to make this Order;
AND WHEREAS Commissioner Carol S. Perry concurs with the opinion of the aforesaid Commissioners primarily on the grounds that it is in the public interest to dispose of this matter expeditiously to avoid the necessity of a lengthy and costly proceeding;
IT IS HEREBY ORDERED THAT
- The Settlement Agreement attached to this Order is approved;
- Currah shall cease trading in securities for a period of 10 years and the exemptions contained in s. 35 of the Act and OSC Rule 45-501 shall not apply to Currah, subject only to the exceptions noted in paragraph 3 below. For greater certainty, this Order pertains to all trading by Currah, whether directly or indirectly in any capacity whatsoever, or through nominee accounts;
- Currah shall be permitted, after a period of 5 years from the date of this Order, to trade in securities through RRSP accounts held solely in his name if the securities are: (i) mutual fund units, guaranteed investment certificates or bonds; or (ii) securities in which Currah does not own directly or indirectly through another person or company or through any person or company acting on his behalf, more than one (1) percent of the outstanding securities of the class or series of the class in question;
- Currah shall be permanently prohibited from acting as a director or officer of an issuer;
- Currah shall pay to the Commission costs of its investigation in the amount of $1,000 immediately, plus costs in the amount $44,000 within 5 years after the date of this Order. In the event that Currah refuses or fails to make these cost payments within 5 years, the terms of paragraph 3 of this Order shall not come into force for (i) the 5 year period referred to in paragraph 3, plus (ii) an additional number of days equal to the number of days in which Currah remains in default in paying costs to the Commission. In the event that Currah refuses or fails to make the cost payments within 10 years, the terms of paragraph 2 of this Order shall be extended permanently.
Dated at Toronto, Ontario this 10th day of November, 2005.
”Robert L. Shirriff“
Robert L. Shirriff |
”David L. Knight”
David L. Knight |
”Carol S. Perry“
Carol S. Perry |