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
GLOBAL PARTNERS CAPITAL, ASIA PACIFIC ENERGY, INC., 1666475 ONTARIO
INC. operating as “ASIAN PACIFIC ENERGY”, ALEX PIDGEON, KIT CHING PAN
also known as Christine Pan, HAU WAI CHEUNG, also known as Peter Cheung, Tony
Cheung, Mike Davidson, or Peter McDonald, GURDIP SINGH GAHUNIA also known as
Michael Gahunia or Shawn Miller, BASIL MARCELLINIUS TOUSSAINT also known as
Peter Beckford, and RAFIQUE JIWANI also known as Ralph Jay

ORDER



    WHEREAS on May 25, 28 and 29, 2009 and June 1 and 2, 2009, the Commission held a hearing in this matter to consider the allegations as set out in Staff’s Statement of Allegations dated September 11, 2008;

    AND WHEREAS the Commission issued its Reasons and Decision in this matter on August 31, 2010;

    AND WHEREAS the Commission found that Global Partners Capital ("GPC"); Asia Pacific Energy, Inc. ("Asia Pacific"); 1666475 Ontario Inc. operating as "Asian Pacific Energy" ("1666475"); Alex Pidgeon ("Pidgeon"); Kit Ching Pan also known as Christine Pan ("Pan"); Hau Wai Cheung also known as Peter Cheung, Tony Cheung, Mike Davidson, or Peter McDonald ("Cheung"); Gurdip Singh Gahunia also known as Michael Gahunia or Shawn Miller ("Gahunia"); Basil Marcellinius Toussaint also known as Peter Beckford ("Toussaint"); and Rafique Jiwani also known as Ralph Jay ("Jiwani") (collectively, the "Respondents") had breached Ontario securities laws and committed conduct contrary to the public interest;

    AND WHEREAS a hearing to consider sanctions was scheduled for November 5, 2010 at 10 a.m.;

    AND WHEREAS Staff of the Commission (“Staff’) served the Respondents with Staff’s Written Submissions on Sanctions and accompanying materials;

    AND WHEREAS on November 5, 2010, Staff and counsel for Mr. Gahunia attended before the Commission and no one appeared on behalf of the other Respondents.

    AND WHEREAS counsel for Mr. Gahunia brought a motion to have the hearing adjourned on the basis that counsel was only recently retained by Mr. Gahunia;

    AND WHEREAS Staff opposed the request for an adjournment;

    AND WHEREAS the Commission ordered that the hearing on sanctions be adjourned to Wednesday, November 17, 2010 at 10:30 a.m.;

    AND WHEREAS on November 17, 2010, Staff and counsel for Mr. Gahunia attended before the Commission and no one appeared on behalf of the other Respondents;

    AND WHEREAS counsel for Mr. Gahunia requested the portion of the hearing relating to Mr. Gahunia be adjourned;

    AND WHEREAS Staff supported the request for an adjournment in relation to Mr. Gahunia but requested to proceed against the other respondents;

    AND WHEREAS the Commission was of the opinion that it was in the public interest to hear sanctions and costs submissions against all the Respondents together;

    AND WHEREAS the Commission ordered that the hearing on sanctions and costs be adjourned to Thursday, December 16, 2010 at 2:30 p.m.;

    AND WHEREAS on December 16, 2010, Staff, Mr. Gahunia and counsel for Mr. Gahunia attended before the Commission and no one appeared on behalf of the other Respondents;

    AND WHEREAS counsel for Mr. Gahunia requested the hearing be adjourned on the basis that senior counsel for Mr. Gahunia was unavailable;

    AND WHEREAS Staff opposed the request for an adjournment;

    AND WHEREAS the Commission considered submissions from Staff, Mr. Gahunia and counsel for Mr. Gahunia;

    IT IS HEREBY ORDERED THAT:

  1. the hearing on sanctions and costs in this matter is adjourned to Friday, January 7, 2011 at 3 p.m. at the offices of the Commission on the 17th floor, 20 Queen Street West in Toronto, peremptory to Mr. Gahunia; and
  2. the Respondents shall file and serve any written submissions on sanctions and costs by January 4, 2011.

 

    DATED at Toronto this 16th day of December, 2010.


Mary G. Condon

Mary G. Condon
Paulette L. Kennedy

Paulette L. Kennedy