Order: In the Matter of Marlon Gary Hibbert et al.
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
- AND -
IN THE MATTER OF
MARLON GARY HIBBERT, ASHANTI CORPORATE SERVICES INC., DOMINION
INTERNATIONAL RESOURCE MANAGEMENT INC., KABASH RESOURCE
MANAGEMENT, POWER TO CREATE WEALTH INC. and POWER TO CREATE
WEALTH INC. (PANAMA)
ORDER
(Subsections 127(1), 127(7) and 127(8))
WHEREAS on January 28, 2011, the Ontario Securities Commission (the “Commission”) issued a temporary cease trade order (the “Temporary Order”) pursuant to subsections 127(1) and 127(5) of the Securities Act, R.S.O. 1990 c. S.5, as amended (the “Act”) ordering the following:
- that all trading by Ashanti Corporate Services Inc. (“Ashanti”), Power to Create Wealth Inc. (“PCW”), Dominion International Resource Management Inc. (“Dominion”), Kabash Resource Management (“Kabash”), Power to Create Wealth Inc. (Panama) (“PCWP”) and Marlon Gary Hibbert (“Hibbert”) shall cease;
- that all trading in any securities of Ashanti, PCW, Dominion, Kabash and PCWP shall cease; and
- that the exemptions contained in Ontario securities law do not apply to Ashanti, PCW, Dominion, Kabash, PCWP and Hibbert.
AND WHEREAS on January 28, 2011, the Commission ordered that the Temporary Order shall expire on the 15th day after its making unless extended by the Commission;
AND WHEREAS on January 28, 2011, the Commission issued a Notice of Hearing to consider, among other things, the extension of the Temporary Order, to be held on February 11, 2011;
AND WHEREAS on February 11, 2011, the Commission held a hearing and heard submissions from counsel for Staff and from Hibbert and reviewed the Affidavit of Jeffery Thomson sworn February 9, 2011;
AND WHEREAS Staff requested an extension of the Temporary Order for six months and Hibbert opposed the extension of the Temporary Order;
AND WHEREAS on February 11, 2011, the Commission ordered that the Temporary Order was extended until July 28, 2011 and that the hearing was adjourned to July 26, 2011;
AND WHEREAS on March 29, 2011, the Commission issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Act in connection with a Statement of Allegations dated March 29, 2011, issued by Staff of the Commission (“Staff”);
AND WHEREAS on April 27, 2011, the Commission heard submissions from counsel for Staff and from Hibbert;
AND WHEREAS on April 27, 2011, the Commission ordered that the hearing on the merits shall commence December 1, 2011 at 10:00 a.m. and continue for a consecutive period of two weeks except for the day of December 6, 2011;
AND WHEREAS on April 27, 2011, the Commission further ordered that a pre-hearing conference will be held on October 11, 2011 at 2:30 p.m.;
AND WHEREAS on April 27, 2011, the Commission further ordered that the exchange of documents shall occur on August 12, 2011;
AND WHEREAS on July 26, 2011, the Commission held a hearing and heard submissions from counsel for Staff and from Hibbert;
AND WHEREAS Staff requested an extension of the Temporary Order until the conclusion of the hearing on the merits in this matter and Hibbert opposed the extension of the Temporary Order;
AND WHEREAS the Commission considered the evidence and submissions before it and the Commission is of the opinion that satisfactory information has not been provided by the Respondents;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED pursuant to subsections 127(7) and 127(8) of the Act that the Temporary Order is extended until the conclusion of the hearing on the merits in this matter, subject to any further order by the Commission.
DATED at Toronto this 26th day of July, 2011.
Edward P. Kerwin