Order: In the Matter of Firestar Capital Management Corp. et al. - Michael Mitton

Order

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

- AND -

IN THE MATTER OF
FIRESTAR CAPITAL MANAGEMENT CORP., KAMPOSSE FINANCIAL CORP.,
FIRESTAR INVESTMENT MANAGEMENT GROUP INC., MICHAEL CIAVARELLA
AND MICHAEL MITTON

- AND -

IN THE MATTER OF A SETTLEMENT AGREEMENT BETWEEN STAFF OF THE
ONTARIO SECURITIES COMMISSION AND MICHAEL MITTON

ORDER
(Sections 37 and 127(1))



    WHEREAS on December 7, 2011, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 37 and 127 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in respect of Michael Mitton (“Mitton”);

    AND WHEREAS Mitton entered into a Settlement Agreement with Staff of the Commission dated December 6, 2011 (the "Settlement Agreement") in which Mitton agreed to a proposed settlement of the proceeding commenced by the Notice of Hearing, subject to the approval of the Commission;

    AND UPON reviewing the Settlement Agreement, the Notice of Hearing, and the Statement of Allegations of Staff of the Commission, and upon hearing submissions from Mitton and from Staff of the Commission;

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

    IT IS HEREBY ORDERED THAT:

  1. the Settlement Agreement is approved;
  2. pursuant to clause 2 of subsection 127(1) of the Act, trading in any securities by Mitton cease permanently;
  3. pursuant to clause 2.1 of section 127(1) of the Act, Mitton is prohibited permanently from the acquisition of any securities;
  4. pursuant to clause 3 of section 127(1) of the Act, any exemptions contained in Ontario securities law do not apply to Mitton permanently;
  5. pursuant to clauses 7, 8.1 and 8.3 of subsection 127(1), Mitton resign any position he may hold as an officer or director of an issuer or registrant or investment fund manager;
  6. pursuant to clauses 8 and 8.4 of subsection 127(1), Mitton be prohibited permanently from becoming or acting as a director or officer of any issuer or investment fund manager;
  7. pursuant to clause 8.5 of subsection 127(1), Mitton be prohibited permanently from becoming or acting as a registrant, as an investment fund manager or as a promoter; and
  8. pursuant to subsection 37(1), Mitton cease permanently to telephone from within Ontario to any residence within or outside Ontario for the purpose of trading in any security or any class of securities.

    DATED AT TORONTO this 9th day of December, 2011.

 

" James D. Carnwath "
James D. Carnwath