IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
- AND -
IN THE MATTER OF AL-TAR ENERGY CORP., ALBERTA ENERGY CORP.,
ERIC O’BRIEN, BILL DANIELS, BILL JAKES, JOHN ANDREWS,
JULIAN SYLVESTER, MICHAEL N. WHALE, JAMES S. LUSHINGTON,
IAN W. SMALL, TIM BURTON, and JIM HENNESY
(Sections 127(1) & 127(8))
WHEREAS on July 3, 2007 the Ontario Securities Commission (the "Commission") issued a Temporary Order pursuant to section 127(5) of the Securities Act R.S.O. 1990, c.S.5, as amended (the “Act”) that: (i) a ll trading by Al-tar Energy Corp., Alberta Energy Corp. and their officers, directors, employees and/or agents in securities of Al-tar Energy Corp. and Alberta Energy Corp. shall cease; and (ii) the Respondents cease trading in all securities (the "Temporary Order");
AND WHEREAS on July 3, 2007, the Commission ordered that the Temporary Order shall expire on the 15 th day after its making unless extended by order of the Commission;
AND WHEREAS on July 6, 2007 the Commission issued a Notice of Hearing to consider, among other things, the extension of the Temporary Order, to be held on July 17, 2007 at 10 a.m;
AND WHEREAS Staff of the Commission ("Staff'") attempted to serve all of the Respondents a certified copy of the Temporary Order and a Notice of Hearing at all known postal addresses, as well as electronic mail addresses as evidenced by the Affidavit of Muriel Carson sworn July 13, 2007 and the Affidavit of Kim Berry sworn July 13, 2007 filed with the Commission in the Evidence Brief of Staff;
AND WHEREAS Staff served Alberta Energy Corp. and Julian Sylvester with a certified copy of the Temporary Order and a Notice of Hearing and all other Staff attempts at service of the Respondents have been unsuccessful;
AND WHEREAS on July 17, 2007 the Commission ordered that the Temporary Order be extended until September 11, 2007;
AND WHEREAS the Commission held a Hearing on September 11, 2007 and none of the Respondents attended before the Commission;
AND WHEREAS the Commission is of the opinion that the time required to conclude a hearing could be prejudicial to the public interest as set out in section 127(5) of the Act;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;
AND WHEREAS pursuant to section 127(8) satisfactory information has not been provided to the Commission;
IT IS HEREBY ORDERED pursuant to section 127(8) that the Temporary Order is extended until December 18, 2007; and
IT IS FURTHER ORDERED that the Hearing is adjourned to Tuesday, December 18, 2007 at 10 a.m.
DATED at Toronto this 11 th of September, 2007.
"Robert L. Shirriff"
" Suresh Thakrar"