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 subsection 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 10:00 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 10:00 a.m. to 1:00 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 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 the Commission ordered, pursuant to section 127(8), that the Temporary Order is extended to the end of Tuesday, January 22, 2008 and that the hearing is 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 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 the Commission ordered, pursuant to section 127(8) of the Act, that the Temporary Order is 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 issued by Staff of the Commission ("Staff") with respect to Global Partners, Asia Pacific Energy, Inc. (“Asia Pacific”), 1666475 Ontario Inc. operating as “Asian Pacific Energy” (“1666475”), Alex Pidgeon (“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, (“Cheung”), Gurdip Singh Gahunia, also known as Michael Gahunia or Shawn Miller, (“Gahunia”), Basil Marcellinius Toussaint, also known as Peter Beckford, (“Toussaint”), Rafique Jiwani, also known as Ralph Jay, (“Jiwani”) (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 Staff confirmed to the Commission that WS Net was not a respondent on the Statement of Allegations of Staff filed on September 11, 2008;
AND WHEREAS Staff advised the Panel that counsel for Gahunia consented to an adjournment of the hearing;
AND WHEREAS Staff advised the Panel 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;
IT IS HEREBY ORDERED THAT the Temporary Order as against WS Net is terminated as of today’s date; and,
IT IS FURTHER ORDERED THAT the hearing of this matter is adjourned to November 27, 2008 at 2:00 p.m.
DATED at Toronto this 1st day of October, 2008.
“David L. Knight”
David L. Knight, FCA |
“Margot C. Howard”
Margot C. Howard |