Proceedings

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

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IN THE MATTER OF THE
COMMODITY FUTURES ACT
R.S.O. 1990, c. C.20, AS AMENDED

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AXCESS AUTOMATION LLC,
AXCESS FUND MANAGEMENT, LLC, AXCESS FUND, L.P.,
GORDON ALAN DRIVER, DAVID RUTLEDGE, 6845941 CANADA INC. carrying on
business as ANESIS INVESTMENTS, STEVEN M. TAYLOR,
BERKSHIRE MANAGEMENT SERVICES INC. carrying on business as
INTERNATIONAL COMMUNICATION STRATEGIES, 1303066 ONTARIO LTD.
carrying on business as ACG GRAPHIC COMMUNICATIONS,
MONTECASSINO MANAGEMENT CORPORATION,
REYNOLD MAINSE, WORLD CLASS COMMUNICATIONS INC.
and RONALD MAINSE

NOTICE OF HEARING
(Sections 127(1) and 127.1 of the Securities Act
and Sections 60 and 60.1 of the Commodity Futures Act)



TAKE NOTICE that the Ontario Securities Commission (the “Commission”) will hold a hearing pursuant to sections 127(1) and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Securities Act”) and sections 60 and 60.1 of the Commodity Futures Act, R.S.O. 1990, c. C.20, as amended (the “Commodity Futures Act”), at the offices of the Commission located at 20 Queen Street West, Toronto, 17th Floor, commencing on Friday, August 13, 2010, at 11:00 a.m. or as soon thereafter as the hearing can be held;

AND TAKE NOTICE that the purpose of the hearing is to consider whether to make orders:

  1. pursuant to section 127(7) of the Securities Act, to extend the order made on April 13, 2010 until the conclusion of the hearing on the merits in this matter, except in respect of Rutledge;
  2. pursuant to sections 127(1) and (4)-(8) of the Securities Act, that all trading in securities by Berkshire Management Services Inc. carrying on business as International Communication Strategies (“ICS”), 1303066 Ontario Ltd. carrying on business as ACG Graphic Communications (“ACG”), and Montecassino Management Corporation (“Montecassino “) shall cease and any exemptions contained in Ontario securities law shall not apply to them, and to extend the order until the conclusion of the hearing in this matter;
  3. pursuant to section 60(1) and (3)-(7) of the Commodity Futures Act, that any exemptions contained in Ontario commodity futures law shall not apply to Axcess Automation LLC, Axcess Fund Management, LLC, Axcess Fund, L.P., Gordon Alan Driver, Steven M. Taylor, ICS, ACG and Montecassino, and to extend the order until the conclusion of the hearing in this matter;
  4. at the conclusion of the hearing, to make an order pursuant to section 127(10) of the Securities Act;
  5. at the conclusion of the hearing, to make an order pursuant to section 60(9) of the Commodity Futures Act;
  6. at the conclusion of the hearing, to make an order pursuant to clause 2 of section 127(1) of the Securities Act that trading in any securities by or of the respondents cease permanently or for such period of time as is specified by the Commission;
  7. at the conclusion of the hearing, to make an order pursuant to clause 2.1 of section 127(1) of the Securities Act that the acquisition of any securities by the respondents is prohibited permanently or for such period as is specified by the Commission;
  8. at the conclusion of the hearing, to make an order pursuant to clause 3 of section 127(1) of the Securities Act that any exemptions contained in Ontario securities law do not apply to the respondents permanently or for such period as it specified by the Commission;
  9. at the conclusion of the hearing, to make an order pursuant to clause 3 of section 60(1) of the Commodity Futures Act that any exemptions contained in Ontario commodity futures law do not apply to the respondents permanently or for such period as is specified by the Commission;
  10. at the conclusion of the hearing, to make an order pursuant to clause 6 of section 127(1) of the Securities Act and clause 6 of section 60(1) of the Commodity Futures Act that the respondents be reprimanded;
  11. at the conclusion of the hearing, to make an order pursuant to clause 7 of section 127(1) of the Securities Act and clause 7 of section 60(1) of the Commodity Futures Act that each of the individual respondents resign any position that he holds as a director or officer of an issuer;
  12. at the conclusion of the hearing, to make an order pursuant to clause 8 of section 127(1) of the Securities Act and clause 8 of section 60(1) of the Commodity Futures Act that each of the individual respondents be prohibited from becoming or acting as a director or officer of any issuer;
  13. at the conclusion of the hearing, to make an order pursuant to clause 8.2 of section 127(1) of the Securities Act that each of the individual respondents be prohibited from becoming or acting as a director or officer of a registrant;
  14. at the conclusion of the hearing, to make an order pursuant to clause 8.4 of section 127(1) of the Securities Act that each of the individual respondents be prohibited from becoming or acting as a director or officer of an investment fund manager;
  15. at the conclusion of the hearing, to make an order pursuant to clause 8.5 of section 127(1) of the Securities Act that each of the individual respondents be prohibited from becoming or acting as a registrant, as an investment fund manager or as a promoter;
  16. at the conclusion of the hearing, to make an order pursuant to clause 9 of section 127(1) of the Securities Act that the respondents each pay an administrative penalty for each failure to comply with Ontario securities law;
  17. at the conclusion of the hearing, to make an order pursuant to clause 9 of section 60(1) of the Commodity Futures Act that the respondents each pay an administrative penalty for each failure to comply with Ontario commodity futures law;
  18. at the conclusion of the hearing, to make an order pursuant to clause 10 of section 127(1) of the Securities Act that the respondents each disgorge to the Commission any amounts obtained as a result of their non-compliance with Ontario securities law;
  19. at the conclusion of the hearing, to make an order pursuant to clause 10 of section 60(1) of the Commodity Futures Act that the respondents each disgorge to the Commission any amounts obtained as a result of their non-compliance with Ontario commodity futures law;
  20. at the conclusion of the hearing, to make an order pursuant to section 127.1 of the Securities Act that the respondents pay the costs of the investigation and hearing;
  21. at the conclusion of the hearing, to make an order pursuant to section 60.1 of the Commodity Futures Act that the respondents pay the costs of the investigation and the hearing; and
  22. such other orders as the Commission considers appropriate.

BY REASON OF the allegations set out in the Statement of Allegations of Staff of the Commission dated August 12, 2010 and such additional allegations as counsel may advise and the Commission may permit;

AND TAKE FURTHER NOTICE that any party to the proceeding may be represented by counsel, if that party attends or submits evidence at the hearing;

AND TAKE FURTHER NOTICE that upon the failure of any party to attend at the time and place aforesaid, the hearing may proceed in the absence of that party, and such party is not entitled to any further notice of the proceeding.

 

DATED at Toronto this 12th day of August, 2010

 

" Christos Grivas "
Per: John Stevenson
Secretary to the Commission