Temporary Order: In the Matter of Energy Syndications Inc. et al.

Temporary Order
Download PDF

IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, as amended

- and -

IN THE MATTER OF ENERGY SYNDICATIONS INC.,
GREEN SYNDICATIONS INC., SYNDICATIONS CANADA INC.,
LAND SYNDICATIONS INC., and DOUGLAS CHADDOCK

TEMPORARY ORDER
(Subsections 127(1) & 127(8))



    WHEREAS on April 1, 2011, the Ontario Securities Commission (the “Commission”) issued a temporary cease trade order (the “Temporary Order”) pursuant to subsections 127(1) and 127(5) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) ordering the following:

  1. pursuant to clause 2 of subsection 127(1) and subsection 127(5) of the Act that all trading in any securities of Energy Syndications Inc. (“Energy”), Syndications Canada Inc. (“Syndications”), Green Syndications Inc. (“Green”) and Land Syndications Inc. (“Land”) shall cease;
  2. pursuant to clause 2 of subsection 127(1) and subsection 127(5) of the Act that all trading in any securities by Energy, Syndications, Green and Land or their agents or employees shall cease;
  3. pursuant to clause 2 of subsection 127(1) and subsection 127(5) of the Act that all trading in any securities by Douglas Chaddock (“Chaddock”) shall cease;
  4. pursuant to clause 3 of subsection 127(1) and subsection 127(5) of the Act that the exemptions contained in Ontario securities law do not apply to Energy, Syndications, Green and Land or their agents or employees; and
  5. pursuant to clause 3 of subsection 127(1) and subsection 127(5) of the Act that the exemptions contained in Ontario securities law do not apply to Chaddock;

    AND WHEREAS the Commission ordered that pursuant to subsection 127(6) of the Act, the Temporary Order shall expire on the fifteenth day after its making unless extended by order of the Commission;

    AND WHEREAS on April 7, 2011, the Commission issued a Notice of Hearing (the “Notice of Hearing”) to consider the extension of the Temporary Order, to be held on April 14, 2011 at 11:00 a.m.;

    AND WHEREAS Staff of the Commission (“Staff”) served the respondents with copies of the Temporary Order, the Notice of Hearing and Staff’s supporting materials as evidenced by Affidavits of Service filed with the Commission;

    AND WHEREAS the Commission held a hearing on April 14, 2011 and counsel for Energy, Green, Syndications and Chaddock attended the hearing;

    AND WHEREAS Staff advised the Panel that it was not seeking to continue the Temporary Order as against Land;

    AND WHEREAS counsel for Energy, Green, Syndications and Chaddock advised the Panel that they did not oppose the extension of the Temporary Order;

    AND WHEREAS on April 14, 2011 the Commission ordered that:

  1. The Temporary Order is extended until June 24, 2011, or until further order of the Commission;
  2. The Temporary Order is not extended against Land; and
  3. The extension of the Temporary Order shall not affect the right of any respondent to apply to the Commission under section 144 of the Act to revoke or vary this order upon five days written notice to Staff of the Commission;

    AND WHEREAS on April 14, 2011 the Commission further ordered that the hearing be adjourned to June 22, 2011 at 10:00 a.m.;

    AND WHEREAS the Commission held a hearing on June 22, 2011 to consider an extension of the Temporary Order;

    AND WHEREAS counsel for Energy, Green, Syndications and Chaddock attended the hearing and advised the Panel that they did not oppose the extension of the Temporary Order;

    AND WHEREAS on June 22, 2011 the Commission ordered that:

  1. The Temporary Order is extended until September 9, 2011, or until further order of the Commission;
  2. The extension of the Temporary Order does not prohibit Green from engaging in the sale of goods provided that any sales agreement does not constitute an investment contract, as defined by Ontario securities law; and
  3. The extension of the Temporary Order shall not affect the right of any respondent to apply to the Commission under section 144 of the Act to revoke or vary this order upon five days written notice to Staff of the Commission;

    AND WHEREAS on June 22, 2011 the Commission further ordered that the hearing be adjourned to September 8, 2011 at 11:00 a.m.;

    AND WHEREAS the Commission held a hearing on September 8, 2011 to consider the extension of the Temporary Order;

    AND WHEREAS counsel for Energy, Green, Syndications and Chaddock attended the hearing and advised that they did not oppose the extension of the Temporary Order;

    AND WHEREAS on September 8, 2011 the Commission extended the Temporary Order on the same terms until March 9, 2012 and further ordered that the hearing be adjourned to March 8, 2012 at 10:00 a.m.;

    AND WHEREAS the Commission held a hearing on March 8, 2012 to consider the extension of the Temporary Order, at which Chaddock attended on behalf of himself and on behalf of Energy, Green, and Syndications;

    AND WHEREAS on March 8, 2012 the Commission extended the Temporary Order on the same terms until April 12, 2012, and further ordered that the hearing be adjourned to April 11, 2012 at 11:00 a.m.;

    AND WHEREAS on March 30, 2012, the Commission issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Act in relation to a Statement of Allegations filed by Staff on the same date in respect of Energy, Green, Syndications, and Chaddock, among others, alleging breaches of Ontario securities law and conduct contrary to the public interest;

    AND WHEREAS the Commission held a hearing on April 11, 2012 to consider the extension of the Temporary Order, at which Chaddock attended on behalf of himself and on behalf of Energy, Green, and Syndications;

    AND WHEREAS on April 11, 2012 the Commission extended the Temporary Order on the same terms until July 19, 2012, and further ordered that the hearing be adjourned to July 18, 2012 at 10:30 a.m.;

    AND WHEREAS the Commission held a hearing on July 18, 2012 to consider the extension of the Temporary Order, at which Chaddock attended on behalf of himself and on behalf of Energy, Green, and Syndications;

    AND WHEREAS on July 18, 2012 the Commission extended the Temporary Order on the same terms until August 22, 2012, and further ordered that the hearing be adjourned to August 21, 2012 at 10:30 a.m.;

    AND WHEREAS the Commission held a hearing on August 21, 2012 to consider the extension of the Temporary Order, at which Chaddock attended on behalf of himself and on behalf of Energy, Green, and Syndications;

    AND WHEREAS Staff confirmed that the Temporary Order is not in place against Land Syndications Inc. (defined previously in this order as “Land”) and that “Land Syndications” is an unincorporated division of Syndications;

    AND WHEREAS on August 21, 2012 the Commission extended the Temporary Order on the same terms until October 3, 2012, and further ordered that the hearing be adjourned to October 2, 2012 at 10:30 a.m.;

    AND WHEREAS the Commission held a hearing on October 2, 2012 to consider the extension of the Temporary Order;

    AND WHEREAS Chaddock attended the hearing on behalf of himself and on behalf of Energy, Green, and Syndications;

    AND WHEREAS the Panel considered the submissions from Staff and Chaddock and the Commission is of the opinion that it is in the public interest to make this order;

    IT IS HEREBY ORDERED that:

  1. The Temporary Order is extended until the final disposition of the matter initiated by the March 30, 2012 Statement of Allegations with respect to Energy, Green, Syndications and Chaddock, among others, including, if appropriate, any final determination of this matter by the Commission with respect to sanctions and costs;
  2. The extension of the Temporary Order does not prohibit Green from engaging in the sale of goods provided that any sales agreement does not constitute an investment contract, as defined by Ontario securities law; and
  3. The extension of the Temporary Order shall not affect the right of any respondent to apply to the Commission under section 144 of the Act to revoke or vary this order upon five days written notice to Staff of the Commission.

    DATED at Toronto this 2nd day of October, 2012.

 

" Mary G. Condon "
Mary G. Condon