Order: In the Matter of Sean Daley and Kevin Wilkerson

IN THE MATTER OF
SEAN DALEY AND KEVIN WILKERSON

File No. 2019-39

May 17, 2022

ORDER

(Subsection 127(1) and Section 127.1 of the Securities Act, RSO 1990, c S.5)

WHEREAS on March 3, 2022, the Capital Markets Tribunal held a hearing by videoconference to consider the sanctions and costs that the Tribunal should impose on Sean Daley and Kevin Wilkerson (the Respondents) as a result of the findings in the Reasons and Decision on the merits, issued October 12, 2021;

ON READING the materials filed by Staff of the Commission and Mr. Daley, and on hearing the submissions of the representatives for Staff of the Commission and Mr. Daley, with Mr. Daley also appearing on his own behalf, and no one appearing on behalf of Mr. Wilkerson;

IT IS ORDERED THAT:

1. pursuant to paragraph 6 of subsection 127(1) of the Securities Act, RSO 1990, c S.5 (the Act), the Respondents are reprimanded;
2. pursuant to paragraphs 7 and 8.1 of subsection 127(1) of the Act, the Respondents shall immediately resign from any positions they hold as director or officer of any issuer or registrant;
3. pursuant to paragraphs 8 and 8.2 of subsection 127(1) of the Act, the Respondents are prohibited from becoming or acting as a director or officer of any issuer or registrant for a period of five years;
4. pursuant to paragraph 8.5 of subsection 127(1) of the Act, the Respondents are prohibited from becoming or acting as a registrant or promoter for a period of five years; and
5. pursuant to section 127.1 of the Act, the Respondents shall pay costs to the Commission of $184,000, as follows:
   1. Mr. Daley shall pay costs to the Commission of $92,000; and
   2. Mr. Wilkerson shall pay costs to the Commission of $92,000.