Order: In the Matter of Sulja Bros. Building Supplies, Ltd. et al.

WHEREAS on December 22, 2006, the Ontario Securities Commission (the “Commission”) ordered pursuant to subsections 127(1) and 127(5) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) that immediately for a period of 15 days from the date thereof: (a) all trading in securities of Sulja Bros. Building Supplies, Ltd. (“Sulja Nevada”) cease; and (b) any exemptions in Ontario securities law do not apply to the respondents Sulja Nevada, Sulja Bros. Building Supplies Ltd. (“Sulja Ontario”), Kore International Management Inc. (“Kore International”), Peter Vucicevich (“Vucicevich”) and Andrew De Vries (“De Vries”) (the “Temporary Order”);

AND WHEREAS on December 27, 2006, the Commission issued a Notice of Hearing and Staff of the Commission (“Staff”) issued a Statement of Allegations in this matter;

AND WHEREAS on January 8, 2007, the Temporary Order was extended to March 23, 2007;

AND WHEREAS on March 23, 2007, the Temporary Order was extended to July 5, 2007;

AND WHEREAS on July 5, 2007, the Temporary Order was extended to September 7, 2007;

AND WHEREAS on September 7, 2007, the Temporary Order was extended to October 31, 2007;

AND WHEREAS on October 31, 2007, the Temporary Order was extended to January 22, 2008;

AND WHEREAS on January 22, 2008, the Temporary Order was extended to March 28, 2008;

AND WHEREAS on March 28, 2008, the Temporary Order was extended to May 23, 2008;

AND WHEREAS on May 23, 2008, the Temporary Order was extended to June 23, 2008;

AND WHEREAS on June 16, 2008, the Commission issued a Notice of Hearing and Staff filed an Amended Statement of Allegations which added additional respondents to this matter: Steven Sulja, Pranab Shah (“Shah”), Tracey Banumas (“Banumas”) and Sam Sulja;

AND WHEREAS on June 23, 2008, the Temporary Order was extended to September 11, 2008;

AND WHEREAS on September 11, 2008, the Commission ordered that this matter be set down for a hearing on the merits beginning November 16, 2009, and concluding December 11, 2009, excluding the dates of November 24 and December 8, 2009, and extended the Temporary Order to the conclusion of the hearing on the merits in this matter;

AND WHEREAS on October 29, 2009, the Commission allowed a motion for counsel for Vucicevich, Kore International, Banumas and Shah to withdraw from the record and to adjourn the hearing on the merits;

AND WHEREAS on October 29, 2009, the Commission ordered the matter adjourned to December 4, 2009, for Vucicevich, Kore International, Banumas and Shah or new counsel on their behalf to attend for the purpose of scheduling a pre-hearing conference;

AND WHEREAS on December 4, 2009, Vucicevich attended before the Commission and advised that he, Shah, Banumas and Kore International had not yet retained new counsel. Vucicevich also advised the Commission of the efforts that had been made to retain new counsel and that new counsel should be retained by January 2010;

AND WHEREAS on December 4, 2009, this matter was adjourned to January 8, 2010, to set a date for a pre-hearing conference, whether or not new counsel had been retained for Vucicevich, Banumas, Kore International and Shah.

AND WHEREAS one of the Respondents attended the January 8, 2010, appearance and a pre-hearing conference was scheduled for March 4, 2010;

AND WHEREAS the Respondents Vucicevich, Banumas and Shah attended the offices of the Commission later in the day on January 8, 2010, and informed Staff that they had not retained counsel;

AND WHEREAS on March 4, 2010, the pre-hearing conference was adjourned to May 7, 2010, as Vucicevich, Banumas, Shah and Kore International appeared but did not file pre-hearing conference memoranda and had not yet retained counsel;

AND WHEREAS a pre-hearing conference was held on May 7, 2010;

AND WHEREAS DeVries, Sam Sulja, Steve Sulja, Sulja Nevada and Kore International did not attend, though served with notice;

AND WHEREAS Vucicevich advised that he no longer appeared as agent for Kore International;

AND WHEREAS Vucicevich, Banumas and Shah attended and advised that they had not yet retained counsel and that they wished to raise certain pre-hearing motions including asserting solicitor and client privilege over the anticipated testimony of certain witnesses listed in Staff’s pre-hearing conference memorandum and a request to have certain witnesses, including a Respondent, listed in the Respondents’ pre-hearing conference memoranda testify electronically or in writing;

AND WHEREAS Staff appeared and made submissions;

IT IS ORDERED that pre-hearing motions shall be heard on July 8, 2010, at 10:00am;

IT IS FURTHER ORDERED that the motions to be heard on July 8, 2010 are scheduled on a peremptory basis and will proceed as follows:

1. All written materials, evidence and legal submissions the Respondents intend to rely on at the contemplated motions will be filed by the Respondents by 5:00pm on June 24, 2010;
2. Any Responding materials from Staff will be filed by 5:00pm on July 2, 2010;
3. In the event that the Respondents decide not to bring any pre-hearing motions, they shall inform the office of the Secretary, as well as Staff, on or before June 24, 2010, so the date may be vacated;
4. If the Respondents fail to file their motion materials by June 24, 2010, at 5:00pm the motion date shall be vacated; and,
5. The motions shall proceed whether or not the Respondents have retained counsel by July 8, 2010.

 

DATED at Toronto this 7^th day of May, 2010.