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

-and-

IN THE MATTER OF
DAVID RUTLEDGE AND 6845941 CANADA INC. carrying on business as ANESIS
INVESTMENTS AND RONALD MAINSE

VARIATION TO THE ORDER
(Section 144 of the Securities Act)



    WHEREAS the Ontario Securities Commission (the “Commission”) issued an order dated August 13, 2010 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”) that David Rutledge pay to the Commission CAD 90,000.00 to be paid in accordance with a signed undertaking provided as described in paragraph 36 of the Settlement Agreement dated August 10, 2010 (the “2010 Undertaking”);

    AND WHEREAS David Rutledge filed an application on August 17, 2012 (the “Application”) with the Commission pursuant to section 144 of the Securities Act and section 78 of the Commodity Futures Act requesting that the Commission extend the time to fulfil the 2010 Undertaking;

    AND WHEREAS the Commission issued an order dated September 4, 2012 pursuant to section 144 of the Securities Act and section 78 of the Commodity Futures Act varying the order dated August 13, 2010;

    AND WHEREAS the order dated September 4, 2012 and the payment undertaking dated August 29, 2012 indicated incorrectly that David Rutledge had paid CAD 46,000.00 in accordance with the 2010 Undertaking;

    AND WHEREAS David Rutledge has paid CAD 37,000.00 to date in accordance with the 2010 Undertaking and has signed a new undertaking dated October 3, 2012 which indicates that he has paid CAD 37,000.00 (the “2012 Undertaking”);

    AND WHEREAS the Commission has received certain representations from David Rutledge in connection with the application and in connection with the incorrect amount referred to in the order dated September 4, 2012 and the payment undertaking signed on August 29, 2012;

    AND WHEREAS Staff of the Commission has advised that it does not oppose the relief sought;

    AND WHEREAS the Commission has determined that it is not prejudicial to the public interest to vary the Order dated August 13, 2010 to extend the payment undertaking, commencing November 1, 2012 and to correct the Order dated September 4, 2012;

    IT IS ORDERED, pursuant to section 144 of the Securities Act and section 78 of the Commodity Futures Act, that paragraph (l) of the Order dated August 13, 2010, be varied in part to provide that the remainder of the CAD 90,000.00 will be paid in accordance with the 2012 Undertaking and provided to Staff of the Commission.

    DATED at Toronto this 25th day of October, 2012.

 

" James D. Carnwath "
James D. Carnwath