Order: In the Matter of Energy Syndications 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 ENERGY SYNDICATIONS INC.,
GREEN SYNDICATIONS INC., SYNDICATIONS CANADA INC.,
DANIEL STRUMOS, MICHAEL BAUM
and DOUGLAS WILLIAM CHADDOCK
ORDER
(Rule 1.5.3 of the Ontario Securities Commission
Rules of Procedure (2012), 35 O.S.C.B. 10071)
WHEREAS on March 30, 2012, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”), in relation to a Statement of Allegations filed by Staff of the Commission (“Staff”) on March 30, 2012 in respect of Energy Syndications Inc. (“Energy”), Green Syndications Inc. (“Green”), Syndications Canada Inc. (“Syndications”) (collectively, the “Corporate Respondents”), Daniel Strumos, (“Strumos”), Michael Baum (“Baum”), and Douglas William Chaddock (“Chaddock”) (collectively, the “Respondents”);
AND WHEREAS the Notice of Hearing set a hearing in this matter for April 11, 2012 at 11:30 a.m.;
AND WHEREAS on April 11, 2012, Strumos, Baum, and Chaddock, on his own behalf and on behalf of the Corporate Respondents, attended the hearing;
AND WHEREAS on April 11, 2012, the Commission ordered that the matter was adjourned to a confidential pre-hearing conference to be held on July 18, 2012 at 10:00 a.m.;
AND WHEREAS on July 18, 2012, a confidential pre-hearing conference was held, at which Strumos, Baum and Chaddock, on his own behalf and on behalf of the Corporate Respondents, attended;
AND WHEREAS on July 18, 2012, the Commission ordered that the matter was adjourned to a confidential pre-hearing conference to be held on August 21, 2012 at 10:00 a.m.;
AND WHEREAS on August 21, 2012, a confidential pre-hearing conference was held, at which Baum, Chaddock, on his own behalf and on behalf of the Corporate Respondents, and Strumos and his counsel attended;
AND WHEREAS on August 21, 2012, the Commission ordered that the matter was adjourned to a confidential pre-hearing conference to be held on October 2, 2012 at 10:00 a.m. for the purpose of scheduling the hearing on the merits in this matter;
AND WHEREAS on October 2, 2012, a confidential pre-hearing conference was held, at which Baum, Chaddock, on his own behalf and on behalf of the Corporate Respondents, and Strumos and his counsel attended;
AND WHEREAS Staff requested that a motion be scheduled to resolve outstanding disclosure issues (the “Disclosure Motion”);
AND WHEREAS on October 2, 2012, the Commission ordered that the Disclosure Motion take place on December 19, 2012 at 10:00 a.m.;
AND WHEREAS on October 2, 2012, the Commission further ordered that the hearing on the merits in this matter shall commence on April 8, 2013 and continue thereafter on April 10, 11, 12, 15, 16, 22, 24, 29, 30 and May 6 and 8, 2013, or on such further dates as agreed to by the parties and set by the Office of the Secretary;
AND WHEREAS on December 13, 2012, Staff withdrew the Disclosure Motion and the hearing date for the Disclosure Motion was vacated;
AND WHEREAS the parties were requested to attend a confidential case management conference scheduled for April 3, 2013 at 9:00 a.m.;
AND WHEREAS on April 3, 2013, Chaddock, on his own behalf and on behalf of the Corporate Respondents, attended the case management conference;
AND WHEREAS Staff filed an Affidavit of Attempted Service sworn April 1, 2013, which set out Staff’s unsuccessful attempts to serve Baum since November 13, 2012, and requested that service be waived pursuant to Rule 1.5.3 of the Ontario Securities Commission Rules of Procedure (2012), 35 O.S.C.B. 10071 (“Rules”);
AND WHEREAS Chaddock took no position on Staff’s request for an order for waiver of service;
AND WHEREAS, upon considering the submissions of Staff, the Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED that service of Baum is waived pursuant to Rule 1.5.3 of the Rules.
DATED at Toronto this 3rd day of April, 2013.
Alan J. Lenczner, QC