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 SHAUN GERARD MCERLEAN,
SECURUS CAPITAL INC., AND
ACQUIESCE INVESTMENTS

ORDER
Section 127(1)



WHEREAS on the 12th day of August, 2010, pursuant to subsections 127(1) and 127(5) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”), the Ontario Securities Commission (the “Commission”) made the following temporary order (the “Temporary Order”) against Shaun Gerard McErlean (“McErlean”), Acquiesce Investments (“Acquiesce”) and Securus Capital Inc. (“Securus”) (collectively the “Respondents”):

  1. pursuant to clause 2 of subsection 127(1) of the Act, that trading of securities by the Respondents shall cease;
  2. pursuant to clause 3 of subsection 127(1) of the Act, that the exemptions contained in Ontario securities law do not apply to the Respondents; and
  3. pursuant to subsection 127(6) of the Act, this order shall take effect immediately and shall expire on the fifteenth day after its making unless extended by order of the Commission;

AND WHEREAS the Commission held a hearing on August 25, 2010;

AND WHEREAS on the 25th day of August, 2010, the Commission ordered that the Temporary Order be extended to September 29, 2010 and the hearing in this matter be adjourned to September 28, 2010 at 2:30 p.m.;

AND WHEREAS on the 27th day of September, 2010, a hearing was held in writing, on the consent of the parties, the Commission ordered that the Temporary Order be extended to October 28, 2010 and the hearing in this matter be adjourned to October 27, 2010 at 1 p.m.;

AND WHEREAS on the 27th day of October, on the consent of the parties, the Commission ordered that the Temporary Order to be extended to December 6, 2010 and the hearing in this matter be adjourned to December 3, 2010 at 9 a.m.

AND WHEREAS the Commission held a hearing on December 3, 2010;

AND WHEREAS at the hearing on December 3, 2010 the parties consented to the extension of the Temporary Order until the completion of the hearing of this matter and agreed to adjourn the hearing for a pre-hearing conference on January 24, 2011 at 10 a.m.;

AND WHEREAS on December 8, 2010, Staff of the Commission filed a Statement of Allegations against the Respondents, McErlean and Securus, with the Commission;

AND WHEREAS the Commission held a pre-hearing conference on January 24, 2011 in this matter;

AND WHEREAS on January 24, 2011 the Commission ordered that the pre-hearing conference continue on February 28, 2011;

AND WHEREAS on February 11, 2011 the parties consented to the extension of the Temporary Order until the completion of the hearing of this matter and agreed to adjourn the hearing for a pre-hearing conference on March 2, 2011 at 10 a.m.;

AND WHEREAS on March 2, 2011, the pre-hearing conference continued and the parties agreed to the setting of dates for the hearing on the merits;

AND WHEREAS the Commission is satisfied that it is in the public interest to make the following order;

IT IS ORDERED that the hearing on the merits in this matter proceed on November 14, 2011 at 10:00 a.m. and continue until November 28, 2011 excluding November 22, 2011.

 

DATED at Toronto this 2nd day of March, 2011.

 

" Edward P. Kerwin "
Edward P. Kerwin