IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
- AND -
IN THE MATTER OF
MERAX RESOURCE MANAGEMENT LTD.
carrying on business as CROWN CAPITAL PARTNERS,
RICHARD MELLON and ALEX ELIN
WHEREAS on November 29, 2006, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing as amended on November 30, 2006 pursuant to section 127 of the Securities Act, R.S.O. 1990, c. S.5, to consider whether it is in the public interest to make certain orders against Merax Resource Management Ltd. carrying on business as Crown Capital Partners, Richard Mellon (“Mellon”) and Alex Elin (“Elin”);
AND WHEREAS at a pre-hearing conference on May 20, 2010, Commissioner Knight ordered that the hearing on the merits shall commence on January 17, 2011 at 10:00 a.m. and continue on January 18, 19, 20 and 21, 2011 (the “Merits Hearing”);
AND WHEREAS by e-mail to the Office of the Secretary dated December 7, 2010, Elin requested an adjournment of the Merits Hearing on the basis of medical grounds;
AND WHEREAS a hearing was held before Commissioner LeSage on December 15 and 17, 2010 to consider Elin’s request for an adjournment;
AND WHEREAS the hearing of the motion was attended by Elin and counsel for Staff of the Commission (“Staff”), and Commissioner LeSage heard submissions from the parties present;
AND WHEREAS Staff notified Mellon of Elin’s motion but Mellon declined to attend and did not take any position with respect to Elin’s motion;
AND WHEREAS Staff opposed Elin’s adjournment request for several reasons, including on the basis that the medical evidence provided in support of his request was not sufficient to support his request for an adjournment;
AND WHEREAS Commissioner LeSage considered relevant factors, including the lack of supporting medical evidence provided by Elin, Commissioner Knight’s indication at the pre-hearing conference held on April 7, 2010 that the hearing dates would be peremptory as well as the history of this matter;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED THAT Elin’s motion to adjourn the Merits Hearing is denied, and the Merits Hearing shall commence as scheduled on January 17, 2011 and continue until January 21, 2011.
DATED at Toronto this 17th of December, 2010.
Patrick J. LeSage, Q.C.