Order: In the Matter of Maitland Capital Ltd. et al.
IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c. S.5, AS AMENDED
and
MAITLAND CAPITAL LTD., ALLEN GROSSMAN,
HANOUCH ULFAN, LEONARD WADDINGHAM,
RON GARNER, GORD VALDE, MARIANNE HYACINTHE,
DIANA CASSIDY, RON CATONE, STEVEN LANYS,
ROGER MCKENZIE, TOM MEZINSKI,
WILLIAM ROUSE and JASON SNOW
ORDER
Section 127(7)
WHEREAS on January 24, 2006, the Ontario Securities Commission (the “Commission”) ordered pursuant to s. 127(5) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) that forthwith for a period of 15 days from the date thereof: (a) all trading by Maitland Capital Ltd. (“Maitland”) and its officers, directors, employees and/or agents in securities of Maitland shall cease (b) the Respondents cease trading in all securities; and (c) any exemptions in Ontario securities law do not apply to the Respondents (the “Temporary Order”);
AND WHEREAS pursuant to subsection 127(1) and 127(5) of the Act, a hearing was scheduled for February 8, 2006 at 2:00 p.m. (the “Hearing”);
AND WHEREAS on February 8, 2006, the Commission ordered pursuant to subsection 127(7) of the Act that: (a) the Hearing is adjourned to February 28, 2006 at 9:30 a.m.; and (b) the Temporary Order is extended until February 28, 2006;
AND WHEREAS on February 28, 2006, the Commission ordered pursuant to subsection 127(7) of the Act that: (a) the Hearing is adjourned to April 19, 2006 at 9:30 a.m.; and (b) the Temporary Order is extended until April 19, 2006;
AND WHEREAS on April 19, 2006, the Commission ordered pursuant to subsection 127(7) of the Act that: (a) the Hearing is adjourned to May 29, 2006; (b) the Temporary Order is extended until May 29, 2006; and (c) Staff provide disclosure to the Respondents by April 28, 2006;
AND WHEREAS on May 29, 2006, the Commission ordered pursuant to subsection 127(7) of the Act that: (a) the Hearing is adjourned to June 28, 2006; and (b) the Temporary Order is extended until June 28, 2006;
AND WHEREAS Staff have filed the affidavit of Sabine Dobell sworn February 2, 2006 and the affidavit of Bryan Gourlie sworn November 7, 2005 in support of Staff’s request to extend the Temporary Order;
AND WHEREAS counsel for Maitland and Allen Grossman, counsel for Hanoch Ulfan and counsel for Steven Lanys do not oppose an extension of the Temporary Order;
AND WHEREAS Tom Mezinski has not appeared although duly served with the Temporary Order, the Notice of Hearing and Statement of Allegations as evidenced by the affidavits of service filed as exhibits in this proceeding;
AND WHEREAS Marianne Hyacinthe appeared before the Commission on February 8, 2006 and received a copy of the Order dated February 8, 2006 but did not appear before the Commission on February 28, 2006, April 19, 2006, May 29, 2006 or today;
AND WHEREAS Ron Garner has not appeared although duly served with the Temporary Order, the Notice of Hearing, the Statement of Allegations and the Order dated February 8, 2006 as evidenced by the affidavits of service filed as exhibits in this proceeding;
AND WHEREAS Staff have advised that two Respondents, namely Ron Catone and Jason Snow, have not been served with the Temporary Order, Notice of Hearing or the Statement of Allegations in this matter notwithstanding attempts at service as evidenced by the affidavits of attempted service filed as exhibits in this proceeding;
AND WHEREAS Staff have advised that Staff provided disclosure on April 28, 2006 to the parties who responded to the Notice of Hearing;
AND WHEREAS Staffhave advised that section 122 proceedings were commenced against Hanoch Ulfan, Allen Grossman and Maitland on May 19, 2006 ;
AND WHEREAS counsel for Maitland and Allen Grossman has advised that Maitland and Allen Grossman intend to bring a motion returnable September 12, 2006 to stay or adjourn the section 127 proceedings against Maitland and Allen Grossman and counsel for Hanoch Ulfan has advised that Hanoch Ulfan likely intends to bring a similar motion returnable September 12, 2006;
IT IS ORDERED pursuant to subsection 127(7) of the Act that:
- the Hearing is adjourned to September 12, 2006 at 10:00 a.m.; and
- the Temporary Order is extended until September 12, 2006 .
Dated at Toronto this 28 th day of June, 2006
”Paul M. Moore”
Paul M. Moore |
“Suresh Thakrar”
Suresh Thakrar |