Order: In the Matter of Global Partners Capital et al.
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, C. S.5, AS AMENDED
- AND -
IN THE MATTER OF
GLOBAL PARTNERS CAPITAL, ASIA PACIFIC ENERGY, INC., 1666475 ONTARIO
INC. operating as “ASIAN PACIFIC ENERGY”, ALEX PIDGEON, KIT CHING PAN
also known as Christine Pan, HAU WAI CHEUNG, also known as Peter Cheung, Tony
Cheung, Mike Davidson, or Peter McDonald, GURDIP SINGH GAHUNIA also known as
Michael Gahunia or Shawn Miller, BASIL MARCELLINIUS TOUSSAINT also known as
Peter Beckford, and RAFIQUE JIWANI also known as Ralph Jay
ORDER
WHEREAS on October 10, 2007, the Ontario Securities Commission (the “Commission”) issued a Temporary Order, pursuant to section 127(5) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the "Act"), that: (i) all trading by Global Partners Capital, WS Net Solution, Inc., Hau Wai Cheung, Christine Pan, Gurdip Singh Gahunia, their officers, directors, representatives and/or agents in the securities of Golden Apple Oil and Gas, Inc., Asia Pacific Energy, Inc., China Gold Corp., Energy Finders, Inc. and Premier Information Management, Inc. shall cease; and (ii) that the respondents cease trading in all securities (the “Temporary Order”);
AND WHEREAS the Commission ordered that the Temporary Order shall take effect immediately and expire on the 15th day after its making unless extended by order of the Commission;
AND WHEREAS on October 12, 2007, the Commission issued a Notice of Hearing, to consider the extension of the Temporary Order, to be held on October 24, 2007 at 10 a.m. or as soon thereafter as the hearing can be held;
AND WHEREAS Staff of the Commission (“Staff’) served Global Partners Capital (“Global Partners”), WS Net Solution, Inc. (“WS Net”), Hau Wai Cheung and Christine Pan with a certified copy of the Temporary Order and the Notice of Hearing as evidenced by the affidavit of Muriel Carson sworn October 23, 2007, filed with the Commission in the Evidence Brief of Staff;
AND WHEREAS all attempts by Staff to serve Gurdip Singh Gahunia prior to the October 24, 2007 hearing were unsuccessful;
AND WHEREAS Staff served an additional notice on Global Partners, WS Net, Hau Wai Cheung and Christine Pan that the hearing time was moved from 10 a.m. to 1 p.m. on October 24, 2007, as evidenced by the affidavit of Muriel Carson sworn October 23, 2007, filed with the Commission in the Evidence Brief of Staff;
AND WHEREAS a panel of the Commission held a hearing on October 24, 2007 at 1:00 p.m. and none of the respondents attended before the Commission;
AND WHEREAS on October 24, 2007, a panel of the Commission ordered, pursuant to section 127(8), that the Temporary Order be extended to the end of Tuesday, January 22, 2008 and that the hearing be adjourned to Tuesday, January 22, 2008 at 2:30 p.m.
AND WHEREAS Staff served counsel for Gurdip Singh Gahunia with copies of the Temporary Order and Notice of Hearing on December 12, 2007;
AND WHEREAS a panel of the Commission held a hearing on January 22, 2008;
AND WHEREAS counsel for all of the respondents advised Staff that the respondents consented to the extension of the Temporary Order until the conclusion of the hearing on the merits;
AND WHEREAS on January 22, 2008, a panel of the Commission ordered, pursuant to section 127(8) of the Act, that the Temporary Order be extended until the conclusion of a hearing on the merits;
AND WHEREAS on September 11, 2008, the Commission issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Act accompanied by a Statement of Allegations filed by Staff with respect to Global Partners, Asia Pacific Energy, Inc., 1666475 Ontario Inc. operating as “Asian Pacific Energy”, Alex Pidgeon, Kit Ching Pan, also known as Christine Pan (“Pan”), Hau Wai Cheung, also known as Peter Cheung, Tony Cheung, Mike Davidson, or Peter McDonald, Gurdip Singh Gahunia, also known as Michael Gahunia or Shawn Miller (“Gahunia”), Basil Marcellinius Toussaint, also known as Peter Beckford, Rafique Jiwani, also known as Ralph Jay (collectively, the "Respondents");
AND WHEREAS the matter was set down for a hearing to commence on Wednesday, October 1, 2008;
AND WHEREAS Staff filed the affidavit of service of Kathleen McMillan, sworn on September 23, 2008, evidencing service of the Notice of Hearing and Statement of Allegations on the Respondents;
AND WHEREAS Staff attended at the hearing on October 1, 2008 and made submissions, including advising the Panel that the disclosure was available on this matter;
AND WHEREAS on October 1, 2008, Staff confirmed to a panel of the Commission that WS Net was not a respondent on the Statement of Allegations of Staff filed on September 11, 2008;
AND WHEREAS on October 1, 2008, Staff advised the panel of the Commission that counsel for Gahunia consented to an adjournment of the hearing and that Pan had advised Staff, by letter dated September 16, 2008, that she could not attend on October 1, 2008 for medical reasons;
AND WHEREAS none of the other Respondents attended at the hearing;
AND WHEREAS on October 1, 2008, a panel of the Commission ordered that the Temporary Order as against WS Net was terminated as of that date;
AND WHEREAS on October 1, 2008, a panel of the Commission ordered that the hearing of this matter be adjourned to November 27, 2008 at 2 p.m.;
AND WHEREAS Staff filed a brief of Affidavits of Service and Attempted Service for the November 27, 2008 hearing, evidencing service of the Commission’s order dated October 1, 2008;
AND WHEREAS a panel of the Commission held a hearing on November 27, 2008 at 2:00 p.m. and none of the Respondents attended before the Commission;
AND WHEREAS Staff attended at the hearing on November 27, 2008 and made submissions;
IT IS HEREBY ORDERED THAT the hearing on the merits of this matter shall commence on Monday, May 25th, 2009 and continue until Tuesday, June 2nd, 2009, with the exception that the hearing will not be held on May 26th, 2009. The hearing on the merits will commence each scheduled day at 10:00 a.m. at the offices of the Commission on the 17th floor, 20 Queen Street West in Toronto.
DATED at Toronto this 27th day of November, 2008.
|
“James E.A. Turner”
James E.A. Turner |
“Paulette L. Kennedy”
Paulette L. Kennedy |