Order: In the Matter of Shaun Gerard McErlean et al.

Order
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IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED


-AND-

IN THE MATTER OF SHAUN GERARD MCERLEAN,
SECURUS CAPITAL INC., AND
ACQUIESCE INVESTMENTS

ORDER
Section 127(1)



WHEREAS on the 12th day of August, 2010, pursuant to subsections 127(1) and 127(5) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”), the Ontario Securities Commission (the “Commission”) made the following order against Shaun Gerard McErlean (“McErlean”), Acquiesce Investments (“Acquiesce”) and Securus Capital Inc. (“Securus”) (collectively the “Respondents”);

AND WHEREAS on the 12th day of August, 2010, pursuant to subsection 127(6) of the Act, the Commission ordered that the following Temporary Order shall expire on the 15th day after its making unless extended by order of the Commission;

AND WHEREAS by Commission Order dated August 12, 2010, the Commission made the following temporary order (the “Temporary Order”);

  1. pursuant to clause 2 of subsection 127(1) of the Act, that trading of securities by the Respondents shall cease; and
  2. that pursuant to clause 3 of subsection 127(1) of the Act, that the exemptions contained in Ontario securities law do not apply to the Respondents.

AND WHEREAS the Commission held a hearing on August 25, 2010;

AND WHEREAS on the 25th day of August, 2010, the Commission ordered that the Temporary Order be extended to September 29, 2010 and the hearing in this matter be adjourned to September 28, 2010 at 2:30 p.m.;

AND WHEREAS on the 27th day of September, 2010, a hearing was held in writing, and on the consent of the parties, the Commission ordered that the Temporary Order be extended to October 28, 2010 and the hearing in this matter be adjourned to October 27, 2010 at 1 p.m.;

AND WHEREAS on the 27th day of October, on the consent of the parties, the Commission ordered that the Temporary Order to be extended to December 6, 2010 and the hearing in this matter be adjourned to December 3, 2010 at 9 a.m.

AND WHEREAS the Commission held a hearing on December 3, 2010;

AND WHEREAS at the hearing on December 3, 2010 the parties consented to the extension of the Temporary Order until the completion of the hearing of this matter and agreed to adjourn the hearing for a pre-hearing conference on January 24, 2011 at 10 a.m.;

AND WHEREAS on December 8, 2010, Staff of the Commission filed a Statement of Allegations against the Respondents, McErlean and Securus, with the Commission;

AND WHEREAS the Commission held a pre-hearing conference on January 24, 2011 in this matter;

AND WHEREAS on February 11, 2011 the parties consented to the extension of the Temporary Order until the completion of the hearing of this matter and agreed to adjourn the hearing for a pre-hearing conference on March 2, 2011 at 10 a.m.;

AND WHEREAS the Commission is satisfied that it is in the public interest to make the following order;

IT IS ORDERED that the hearing of this matter be adjourned to March 2, 2011 at 10:00 a.m. for the continuation of the pre-hearing conference in this matter.

 

DATED at Toronto this 11th day of February, 2011.

 

" Edward P. Kerwin "
Edward P. Kerwin