Temporary Order: In the Matter of Blackwood and Rose Inc. et al.

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

- AND -

IN THE MATTER OF
BLACKWOOD & ROSE INC., STEVEN ZETCHUS and JUSTIN KRELLER (also known as JUSTIN KAY)

TEMPORARY ORDER
Subsections 127(7) and 127(8)

 

 

    WHEREAS on January 29, 2013, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 37, 127 and 127.1 of the Securities Act, R.S.O. 1990 c. S.5 as amended (the “Act”) accompanied by a Statement of Allegations of Staff of the Commission dated January 29, 2013 with respect to Blackwood & Rose Inc. (“Blackwood”), Steven Zetchus (“Zetchus”) and Justin Kreller (“Kreller”) (collectively, the “Respondents”);

 

 

    AND WHEREAS the Notice of Hearing stated that a hearing would be held at the temporary offices of the Commission on February 19, 2013;

    AND WHEREAS on February 19, 2013, Staff attended the hearing and no one appeared on behalf of the Respondents;

    AND WHEREAS Staff filed the Affidavit of Peaches Barnaby sworn February 14, 2013 demonstrating service of the Notice of Hearing and Statement of Allegations on the Respondents;

    AND WHEREAS the Commission previously made a temporary order in connection with this proceeding on December 18, 2012 (the “Temporary Order”);

    AND WHEREAS on December 31, 2012, the Commission extended the Temporary Order to March 7, 2013 and adjourned the hearing to consider a further extension to March 6, 2013 at 10:00 a.m.;

    AND WHEREAS on February 19, 2013, Staff requested that a pre-hearing conference be scheduled in this matter and that the Temporary Order be extended to the day following the pre-hearing conference to permit the parties to make submissions on a further extension of the Temporary Order at the pre-hearing conference;

    AND WHEREAS on February 19, 2013, the Commission ordered that:

(i) the Temporary Order be extended to April 11, 2013 or until further order of the Commission;

(ii) the hearing date scheduled for March 6, 2013 to consider a further extension of the Temporary Order be vacated; and

(iii) the hearing be adjourned to April 10, 2013 at 10:00 a.m. for the purpose of conducting a pre-hearing conference and to consider a further extension of the Temporary Order;

    AND WHEREAS on April 10, 2013, Staff attended the hearing and no one appeared on behalf of the Respondents;

    AND WHEREAS Staff filed the Affidavit of Peaches Barnaby sworn April 9, 2013 demonstrating, inter alia, service of the Commission’s order dated February 19, 2013 on the Respondents;

    AND WHEREAS a confidential pre-hearing conference was held;

    AND WHEREAS following the confidential pre-hearing conference, the hearing resumed and Staff requested (i) that the hearing be adjourned to a status hearing in May 2013; and (ii) that the Temporary Order be extended to the day following the status hearing to permit the parties to make submissions on a further extension of the Temporary Order at the status hearing;

    AND WHEREAS the Commission ordered that the Temporary Order be extended to May 21, 2013 and that the hearing be adjourned to May 17, 2013 at 10:00 a.m. for the purpose of conducting a status hearing and to consider a further extension of the Temporary Order;

    AND WHEREAS on May 17, 2013, Staff attended the hearing and no one appeared on behalf of the Respondents;

    AND WHEREAS Staff filed the Affidavit of Peaches Barnaby sworn May 16, 2013 demonstrating service of the Commission’s order dated April 10, 2013 on the Respondents;

    AND WHEREAS Staff requested that the status hearing be converted into a confidential pre-hearing conference;

    AND WHEREAS a confidential pre-hearing conference was held and Staff made submissions;

    AND WHEREAS following the confidential pre-hearing conference, the hearing resumed and Staff requested (i) that the hearing be adjourned to a further confidential pre-hearing conference; and (ii) that the Temporary Order be extended to a date following the pre-hearing conference to permit the parties to make submissions on a further extension of the Temporary Order at the pre-hearing conference;

    AND WHEREAS the Commission ordered that (i) the Temporary Order be extended to June 20, 2013 or until further order of the Commission; (ii) the hearing be adjourned to June 18, 2013 at 3:30 p.m. for the purpose of conducting a confidential pre-hearing conference and to consider a further extension of the Temporary Order;

    AND WHEREAS on June 18, 2013, Staff attended the hearing and no one appeared on behalf of the Respondents;

    AND WHEREAS Staff filed the Affidavit of Peaches Barnaby sworn June 17, 2013 demonstrating service of the Commission’s order dated May 17, 2013 on the Respondents;

    AND WHEREAS a confidential pre-hearing conference was held and Staff made submissions;

    AND WHEREAS following the confidential pre-hearing conference, the hearing resumed and Staff requested (i) that the hearing be adjourned to a status hearing; and (ii) that the Temporary Order be extended to a date following the status hearing to permit the parties to make submissions on a further extension of the Temporary Order at the status hearing;

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

    IT IS HEREBY ORDERED that:

(i) the Temporary Order is extended to August 14, 2013 or until further order of the Commission; and

(ii) the hearing is adjourned to August 12, 2013 at 2:00 p.m., or to such other date or time as provided by the Office of the Secretary and agreed to by the parties, for the purpose of conducting a status hearing and to consider a further extension of the Temporary Order.

    DATED at Toronto this 18^th day of June, 2013.