Order: In the Matter of The Falls Capital Corp. et al.

IN THE MATTER OF
THE SECURITIES ACT, RSO 1990, c S.5

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IN THE MATTER OF
THE FALLS CAPITAL CORP.,
DEERCREST CONSTRUCTION FUND INC.,
WEST KARMA LTD. and RODNEY JACK WHARRAM

ORDER
(Rule 11.5 of the Ontario Securities Commission Rules of Procedure)

WHEREAS:

1. On August 2, 2016, Staff of the Ontario Securities Commission (the “Commission”) filed a Statement of Allegations, in which Staff seeks an order imposing sanctions against The Falls Capital Corp., Deercrest Construction Fund Inc., West Karma Ltd., and Rodney Jack Wharram (collectively, the “Respondents”);
2. On August 2, 2016, the Commission issued a Notice of Hearing in respect of that Statement of Allegations, setting August 29, 2016 as the hearing date;
3. On August 22, 2016, Staff filed an affidavit of service sworn by Lee Crann that day, describing steps taken by Staff to serve the Respondents with the Notice of Hearing, Statement of Allegations and Staff’s disclosure materials; and
4. At the hearing on August 29, 2016:
1. Staff appeared before the Commission and made submissions;
2. The Respondents did not appear or make submissions, although properly served; and
3. Staff applied to continue this proceeding by way of a written hearing, in accordance with Rule 11.5 of the Ontario Securities Commission Rules of Procedure (2014), 37 OSCB 4168, and subsection 5.1(1) of the Statutory Powers Procedure Act, RSO 1990, c S.22;

IT IS ORDERED THAT:

1. Staff’s application to continue this proceeding by way of a written hearing is granted;
2. Staff’s written materials shall be served and filed no later than September 8, 2016;
3. The Respondents’ responding written materials, if any, shall be served and filed no later than October 6, 2016; and
4. Staff’s reply written materials, if applicable, shall be served and filed no later than October 20, 2016.

DATED at Toronto this 29th day of August, 2016.