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
IN THE MATTER OF
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: (a) all trading by Maitland Capital Ltd. (“Maitland”) and its officers, directors, employees and/or agents in securities of Maitland shall cease forthwith for a period of 15 days from the date thereof; (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;
ANDWHEREAS 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 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 and counsel for Hanoch Ulfan do not oppose and counsel for Diana Cassidy, and the individual Respondents, Roger McKenzie, Gord Valde, William Rouse, Leonard Waddingham and Steven Lanys have consented to an adjournment of the Hearing and consented to 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 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 counsel for Maitland and Allen Grossman and counsel for Hanouch Ulfan have requested that Staff be ordered to provide disclosure;
AND WHEREAS by Commission order made November 1, 2005 pursuant to section 3.5(3) of the Act, any one of W. David Wilson, Susan Wolburgh Jenah and Paul M. Moore, acting alone, is authorized to make orders under section 127 of the Act;
IT IS ORDERED pursuant to subsection 127(7) of the Act that:
(a) the Hearing is adjourned to May 29, 2006 at 2:00 p.m.;
(b) the Temporary Order is extended until May 29, 2006; and
(c) Staff shall provide disclosure of all documents and things which are in the possession or control of Staff that are relevant to the hearing before April 28, 2006 to the Respondents who have responded to the Notice of Hearing and shall provide any additional disclosure of all documents and things which come into the possession or control of Staff that are relevant to the hearing as expeditiously as possible.
Dated at Toronto this 19 th day of April, 2006
“Paul M. Moore” Paul M. Moore, Vice Chair |