Temporary Order: In the Matter of Goldbridge Financial Inc. et al.
R.S.O. 1990, c. S.5, AS AMENDED
- AND -
IN THE MATTER OF GOLDBRIDGE FINANCIAL INC.,
WESLEY WAYNE WEBER AND SHAWN C. LESPERANCE
TEMPORARY ORDER
Sections 127(1) & 127(8)
WHEREAS on October 10, 2008, the Commission issued a temporary order pursuant to section 127(5) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) that all trading in securities by Goldbridge Financial Inc. (“Goldbridge”), Wesley Wayne Weber (“Weber”) and Shawn C. Lesperance (“Lesperance”) shall cease, and that the exemptions contained in Ontario securities law do not apply to Goldbridge, Weber and Lesperance (the “Temporary Order”);
AND WHEREAS the Temporary Order expired on the fifteenth day after its making unless extended by the Commission;
AND WHEREAS on October 28, 2008, the Commission granted a further order pursuant to clause 2 of subsection 127(1) of the Act (the “October Order”) that all trading in securities by Goldbridge, Weber and Lesperance shall cease, subject to the exception below;
AND WHEREAS it was further ordered on October 28, 2008, that notwithstanding the foregoing order, Goldbridge may trade solely as principal in one account (“the account”) in accordance with the following conditions:
- the account shall be at E*TRADE Canada (“E*Trade”);
- the account shall be in the name of Goldbridge Financial Inc.;
- the account shall contain only funds belonging to Goldbridge contributed by Weber or Lesperance, and shall not be used directly or indirectly to trade on behalf of any other person or company;
- Goldbridge shall provide Staff with particulars of the account, including the account number, within 7 days of the date of this Order;
- Goldbridge shall instruct E*Trade to provide copies of all trade confirmation notices with respect to the account directly to Staff at the same time that such notices are provided to Goldbridge;
- securities traded in the account shall consist solely of securities listed or quoted on the New York Stock Exchange (“NYSE”) or the National Association of Securities Dealers Automated Quotations (“NASDAQ”); and
- the Respondents shall immediately take steps to remove from the internet all advertising and postings on behalf of the Respondents offering to provide investment services and lessons in day trading.
AND WHEREAS the October Order was to expire at the close of business on January 20, 2009, unless extended by the Commission;
AND WHEREAS on January 19, 2009, the October Order was extended by the Commission until the close of business on March 21, 2009;
AND WHEREAS on March 20, 2009, the October Order was extended by the Commission until the close of business on May 4, 2009;
AND WHEREAS on May 1, 2009, the October Order was extended by the Commission until the close of business on June 30, 2009;
AND WHEREAS on June 29, 2009, the October Order was extended by the Commission until the close of business on July 30, 2009;
AND WHEREAS the Commission held a hearing on July 29, 2009;
AND WHEREAS Staff of the Commission (“Staff”), Weber and counsel for Lesperance appeared at the hearing but Goldbridge did not appear;
AND WHEREAS Staff, Weber and counsel for Lesperance made submissions at the hearing;
AND WHEREAS Weber and counsel for Lesperance have consented to the extension of the October Order and to the setting down of a Hearing on the Merits starting February 8, 2010 through to February 12, 2010;
AND WHEREAS counsel for Lesperance consented to the setting down of a Settlement Hearing on August 24, 2009;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;
IT IS ORDERED that the October Order is continued until the completion of the Hearing on the Merits or until further order of the Commission;
IT IS FURTHER ORDERED that a Settlement Hearing in respect of Lesperance shall take place on August 24, 2009, at 10:00 a.m.;
IT IS FURTHER ORDERED that a Hearing on the Merits in respect of this matter shall commence on February 8, 2010, at 10:00 a.m. and continue through to February 12, 2010 or such other date as the parties may agree and the Office of the Secretary shall determine;
IT IS FURTHER ORDERED that this matter shall be adjourned to August 24, 2009, at 9:00 a.m. to receive a status update on the Statement of Allegations and Notice of Hearing and to address any other pre-hearing matters to ensure the Hearing on the Merits proceeds as scheduled.
DATED at Toronto this 29th day of July, 2009.
“Carol S. Perry”
Carol S. Perry |