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

- and -

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(8))

 

 

    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 (the “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, a hearing was held before the Commission and Staff of the Commission (“Staff”) appeared and made submissions;

    AND WHEREAS BFM did not appear, although properly served with the Notice of Hearing;

    AND WHEREAS Denver Gardner and Winick did not appear and the Commission was satisfied that reasonable efforts had been made by Staff to serve Denver Gardner and Winick with notice of the hearing;

    AND WHEREAS Staff advised the Commission that counsel for the respondent Andrea McCarthy consented on behalf of her client to the continuation of the Temporary Order;

    AND WHEREAS Staff advised the Commission that counsel for the respondents Curry, Mateyak and AHST Ontario took no position on the continuation of the Temporary Order;

    AND WHEREAS Staff advised the Commission that the Respondent Curry took no position on the continuation of the Temporary Order as against AHST Nevada, of which he is a director;

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

    IT IS HEREBY ORDERED that:

1. The Temporary Order is extended until November 24, 2011, or until further order of the Commission; and
2. This matter shall return before the Commission on November 23, 2011, at 10:00 a.m. or on such other date or time as specified by the Secretary’s Office and agreed to by the parties.

    DATED at Toronto this 8^th day of September, 2011.