Order: In the Matter of Landbankers International MX, S.A. de C.V.; et al.
IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, C.5, AS AMENDED
- AND -
IN THE MATTER OF
LANDBANKERS INTERNATIONAL MX, S.A. DE C.V.; SIERRA MADRE HOLDINGS
MX, S.A. DE C.V.; L&B LANDBANKING TRUST S.A. DE C.V.; BRIAN J. WOLF
ZACARIAS; ROGER FERNANDO AYUSO LOYO; ALAN HEMINGWAY; KELLY
FRIESEN; SONJA A. MCADAM; ED MOORE; KIM MOORE; JASON ROGERS; AND
DAVE URRUTIA
ORDER
(Sections 127(1) and (7))
R.S.O. 1990, C.5, AS AMENDED
- AND -
IN THE MATTER OF
LANDBANKERS INTERNATIONAL MX, S.A. DE C.V.; SIERRA MADRE HOLDINGS
MX, S.A. DE C.V.; L&B LANDBANKING TRUST S.A. DE C.V.; BRIAN J. WOLF
ZACARIAS; ROGER FERNANDO AYUSO LOYO; ALAN HEMINGWAY; KELLY
FRIESEN; SONJA A. MCADAM; ED MOORE; KIM MOORE; JASON ROGERS; AND
DAVE URRUTIA
ORDER
(Sections 127(1) and (7))
WHEREAS on March 27, 2008, the Ontario Securities Commission (the “Commission”) issued an order (the “Temporary Order”) pursuant to subsections 127(1) and (5) of the Securities Act, R.S.O. 1990, c. S.5 as amended (the “Act”), which ordered that the Temporary Order shall expire on the 15th day after its making unless extended by an order of the Commission;
AND WHEREAS on March 28, 2008, the Commission issued a Notice of Hearing to consider, among other things, the extension of the Temporary Order, such hearing to be held on April 9, 2008 at 2:00 p.m.
AND WHEREAS Staff of the Commission (“Staff”) made reasonable efforts to serve the respondents LandBankers International MX, S.A. de C.V. (“LandBankers”); Sierra Madre Holdings MX, S.A. de C.V. (“Sierra Madre”); L&B Landbanking Trust S.A. de C.V. (“L&B LandBanking Trust”); Brian J. Wolf Zacarias; Roger Fernando Ayuso Loyo; Alan Hemingway; Kelly Friesen; Sonja A. McAdam; Ed Moore; Kim Moore; Jason Rogers; and Dave Urrutia (collectively, the “Respondents”), with a certified copy of the Temporary Order and the Notice of Hearing at all known postal addresses as well as electronic mail addresses and fax numbers as evidenced by the affidavits of Maria Montalto sworn April 9, 2008;
AND WHEREAS Staff delivered a copy of the certified copy of the Temporary Order and the Notice of Hearing to Kelly Friesen and Sonja A. McAdam by courier;
AND WHEREAS on April 14, 2008, the Commission ordered that the Temporary Order be extended to May 8, 2008;
AND WHEREAS on May 8, 2008, the Commission ordered that the Temporary Order be further extended to November 11, 2008 at 2:30 p.m. and the hearing in this matter was adjourned to September 2, 2008 at 2:30 p.m. for Staff to provide an update respecting the proceedings in the other provinces and in Ontario;
AND WHEREAS on September 2, 2008, a hearing was held where Staff provided an update respecting the proceedings in the other provinces and Ontario;
AND WHEREAS on November 11, 2008 a hearing was held where Staff provided an update respecting the proceedings in the other provinces and Ontario;
AND UPON HEARING the submissions from counsel for Staff and from counsel for LandBankers, Sierra Madre, L&B LandBanking Trust, and Brian J. Wolf Zacarias, with no one appearing for Roger Fernando Ayuso Loyo, Alan Hemingway, Kelly Friesen, Sonja A. McAdam, Ed Moore, Kim Moore, Jason Rogers and Dave Urrutia;
AND WHEREAS counsel for LandBankers, Sierra Madre, L&B LandBanking Trust, and Brian J. Wolf Zacarias consented to the adjournment of the hearing and extending the temporary cease trade order;
AND WHEREAS the investigation in this matter is being primarily conducted by the Saskatchewan Financial Services Commission which has issued temporary cease trade orders in this matter;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED that the Temporary Order is extended to May 13, 2009.
AND IT IS FURTHER ORDERED that the hearing of this matter is adjourned to May 12, 2009 at 2:30 p.m.
DATED at Toronto this 11th day of November , 2008.
" James E. A. Turner "
James E. A. Turner |
" Suresh Thakrar "
Suresh Thakrar |