Proceedings

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

- AND -

IN THE MATTER OF
SULJA BROS. BUILDING SUPPLIES, LTD., PETAR VUCICEVICH,
KORE INTERNATIONAL MANAGEMENT INC., ANDREW DEVRIES,
STEVEN SULJA, PRANAB SHAH, TRACEY BANUMAS AND SAM SULJA

ORDER



WHEREAS on July 30, 2010, the respondents Petar Vucicevich (“Vucicevich”), Pranab Shah (“Shah”) and Tracey Banumas (“Banumas”) brought a motion before the Ontario Securities Commission (the “Commission”) requesting that all of the evidence to be presented by two witnesses at the hearing on the merits of this matter not be admitted on grounds that it is protected by solicitor-client privilege;

AND WHEREAS on July 30, 2010, we ruled that this motion be heard in camera, pursuant to section 9 of the Statutory Powers Procedure Act;

AND WHEREAS we have reviewed the motion materials filed by Vucicevich, Shah and Banumas and by staff of the Commission (“Staff”), and we have considered the submissions made by counsel for Vucicevich, Shah and Banumas and Staff at the hearing of the motion;

AND WHEREAS we are of the opinion that it is appropriate to make this order;

IT IS ORDERED THAT:

  1. The motion brought by the Respondents Vucicevich, Shah and Banumas is dismissed, without prejudice to the right of the Respondents to make any objection to the admissibility of evidence submitted at the hearing on the merits on the grounds that evidence is subject to solicitor-client privilege.
  2. This order shall not restrict the panel hearing this matter on the merits from making any order it considers appropriate with respect to the evidence to be admitted or as to the applicability of solicitor-client privilege to any such evidence.

Dated at Toronto this 30th day of July, 2010.

 

" James E. A. Turner"
James E. A. Turner
     
" Carol S. Perry"
Carol S. Perry