Temporary Order: In the Matter of Goldbridge Financial Inc. et al.
R.S.O. 1990, c. S.5, AS AMENDED
- AND -
IN THE MATTER OF GOLDBRIDGE FINANCIAL INC.,
WESLEY WAYNE WEBER AND SHAWN C. LESPERANCE
TEMPORARY ORDER
Subections 127(1) & 127(2)
WHEREAS on October 10, 2008, 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 all trading in securities by Goldbridge Financial Inc. (“Goldbridge”), Wesley Wayne Weber (“Weber”) and Shawn C. Lesperance (“Lesperance”) shall cease, and that the exemptions contained in Ontario securities law do not apply to Goldbridge, Weber and Lesperance (the “Temporary Order”);
AND WHEREAS the Temporary Order expired on the fifteenth day after its making unless extended by the Commission;
AND WHEREAS on October 28, 2008, the Commission granted a further order pursuant to clause 2 of subsection 127(1) of the Act (the “October Order”) that all trading in securities by Goldbridge, Weber and Lesperance shall cease, subject to the exception below;
AND WHEREAS it was further ordered on October 28, 2008, that notwithstanding the foregoing order, Goldbridge may trade solely as principal in one account (“the account”) in accordance with the following conditions:
(a) the account shall be at E*TRADE Canada (“E*Trade”);
(b) the account shall be in the name of Goldbridge Financial Inc.;
(c) the account shall contain only funds belonging to Goldbridge contributed by Weber or Lesperance, and shall not be used directly or indirectly to trade on behalf of any other person or company;
(d) Goldbridge shall provide Staff with particulars of the account, including the account number, within 7 days of the date of this Order;
(e) Goldbridge shall instruct E*Trade to provide copies of all trade confirmation notices with respect to the account directly to Staff at the same time that such notices are provided to Goldbridge;
(f) securities traded in the account shall consist solely of securities listed or quoted on the New York Stock Exchange (“NYSE”) or the National Association of Securities Dealers Automated Quotations (“NASDAQ”); and
(g) the Respondents shall immediately take steps to remove from the internet all advertising and postings on behalf of the Respondents offering to provide investment services and lessons in day trading.
AND WHEREAS the October Order was to expire at the close of business on January 20, 2009, unless extended by the Commission;
AND WHEREAS on January 19, 2009, the October Order was extended by the Commission until the close of business on March 21, 2009;
AND WHEREAS on March 20, 2009, the October Order was extended by the Commission until the close of business on May 4, 2009;
AND WHEREAS on May 1, 2009, the October Order was extended by the Commission until the close of business on June 30, 2009;
AND WHEREAS on June 29, 2009, the October Order was extended by the Commission until the close of business on July 30, 2009;
AND WHEREAS on July 29, 2009, the October Order was extended until the completion of the Hearing on the Merits or until further order of the Commission;
AND WHEREAS on July 29, 2009, the Commission ordered that the Hearing on the Merits in respect of this matter shall commence on February 8, 2010, at 10:00 a.m. and continue through to February 12, 2010, or such other date as the parties may agree and the Office of the Secretary shall determine;
AND WHEREAS the Commission held a status hearing on August 24, 2009;
AND WHEREAS Staff of the Commission (“Staff”) appeared at the hearing but Lesperance, Weber and Goldbridge did not appear;
AND WHEREAS Staff made submissions at the hearing;
AND WHEREAS a Settlement Hearing scheduled for August 24, 2009, did not proceed;
AND WHEREAS Staff submitted that counsel for Lesperance had given consent to the Settlement Hearing not proceeding and to it being rescheduled to a later date;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;
IT IS ORDERED that this matter shall be adjourned to September 21, 2009, at 9:00 a.m. to receive a status update on the Statement of Allegations and Notice of Hearing and to address any other pre-hearing matters to ensure the Hearing on the Merits proceeds as scheduled.
DATED at Toronto this 24th day of August, 2009.
“Carol S. Perry”
Carol S. Perry |