Temporary Order: In the Matter of American Heritage Stock Transfer Inc. et al.

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

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IN THE MATTER OF
AMERICAN HERITAGE STOCK TRANSFER INC.,
AMERICAN HERITAGE STOCK TRANSFER, INC.,
BFM INDUSTRIES INC., DENVER GARDNER INC.,
SANDY WINICK, ANDREA LEE MCCARTHY,
KOLT CURRY AND LAURA MATEYAK

TEMPORARY ORDER
(Subsection 127(7))

 

 

    WHEREAS on April 1, 2011, the Ontario Securities Commission (the “Commission”) issued an order pursuant to sections 127(1) and 127(5) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) (the “Temporary Order”) that immediately and for a period of 15 days from the date thereof:

 

 

1. trading in the securities of BFM Industries Inc. (“BFM”) shall cease;
2. all trading by and in the securities of American Heritage Stock Transfer, Inc. (“AHST Nevada”) shall cease;
3. all trading by and in the securities of American Heritage Stock Transfer Inc. (“AHST Ontario”) shall cease;
4. all trading by and in the securities of Denver Gardner Inc. (“Denver Gardner”) shall cease;
5. all trading by Sandy Winick (“Winick”) shall cease;
6. all trading by Andrea Lee McCarthy (“McCarthy”) shall cease;
7. all trading by Kolt Curry (“Curry”) shall cease; and
8. all trading by Laura Mateyak (“Mateyak”) shall cease;

    AND WHEREAS the Temporary Order also provided that any exemptions contained in Ontario securities law do not apply to any of the respondents;

    AND WHEREAS on April 4, 2011, the Commission issued a Notice of Hearing to consider the extension of the Temporary Order, to be held on April 14, 2011, at 10:00 a.m.;

    AND WHEREAS on April 14, 2011, the Temporary Order was extended until April 28, 2011;

    AND WHEREAS on April 27, 2011, the Temporary Order was extended until September 9, 2011;

    AND WHEREAS on September 8, 2011, the Temporary Order was extended until November 24, 2011;

    AND WHEREAS on November 23, 2011, the Temporary Order was extended until December 22, 2011;

    AND WHEREAS on December 21, 2011, the Temporary Order was extended until January 27, 2012;

    AND WHEREAS on January 26, 2012, the Temporary Order was extended until February 17, 2012;

    AND WHEREAS on January 27, 2012, a Notice of Hearing was issued by the Secretary to the Commission in connection with a Statement of Allegations filed by Staff of the Commission (“Staff”) against respondents Sandy Winick, Andrea Lee McCarthy, Kolt Curry, Laura Mateyak, Gregory J. Curry, American Heritage Stock Transfer Inc., American Heritage Stock Transfer, Inc., BFM Industries Inc., Liquid Gold International Inc., and Nanotech Industries Inc.;

    AND WHEREAS on February 16, 2012, the Temporary Order was extended until March 26, 2012;

    AND WHEREAS on March 23, 2012, a hearing was held before the Commission and Staff appeared and made submissions;

    AND WHEREAS Counsel for McCarthy and for Curry, Mateyak and AHST Ontario appeared, made submissions and did not object to extension of the Temporary Order;

    AND WHEREAS BFM, AHST Nevada, Denver Gardner and Winick did not appear;

    AND WHEREAS Staff submitted that Denver Gardner appears to be a fictitious entity, that Staff does not intend to pursue allegations against Denver Gardner at this time and that Denver Gardner should be removed as a respondent in this matter;

    AND WHEREAS Staff reserves its right to apply to add Denver Gardner as a respondent to this Order if Staff comes into possession of information that Denver Gardner is a real business entity;

    AND WHEREAS the Commission considered the submissions and is of the opinion that it is in the public interest to make this Order;

    IT IS ORDERED that Denver Gardner is removed as a respondent in this matter and that the Temporary Order is extended as against all remaining respondents until the conclusion of the merits hearing, scheduled to commence on November 12, 2012.

    DATED at Toronto this 23^rd day of March, 2012.