Proceedings

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IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED

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IN THE MATTER OF
PETER BECK,
SWIFT TRADE INC. (continued as 7722656 Canada Inc.), BIREMIS, CORP.,
OPAL STONE FINANCIAL SERVICES S.A., BARKA CO. LIMITED,
TRIEME CORPORATION and a limited partnership referred to as “ANGUILLA LP”

ORDER



    WHEREAS on March 23, 2011, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing and a Statement of Allegations in this matter pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended;

    AND WHEREAS on April 13, 2011, Staff and counsel for the Respondents attended before the Commission for a first appearance on this matter, and the Commission ordered that a confidential pre-hearing conference be scheduled through the Office of the Secretary on a date to be agreed to by Staff and counsel for the Respondents, and that the hearing be adjourned to Wednesday, July 20, 2011 at 10:00 a.m., or to such other date as may be agreed to by the parties and fixed by the Office of the Secretary, for the purpose of addressing scheduling and any other procedural matters or for such other purposes as the Panel hearing the matter may determine;

    AND WHEREAS on July 19, 2011, the Commission issued a Notice of Hearing setting the matter down to be heard on September 20 and 21, 2011 at 10:00 a.m. to consider whether, in the opinion of the Commission, it is in the public interest for the Commission to issue a Temporary Order pursuant to subsections 127(1), (4), (5), (6), (7) and (8) of the Act;

    AND WHEREAS on July 20, 2011, Staff requested that a schedule be set for the hearing for a Temporary Order, and counsel for the Respondents requested that the matter be adjourned in order to allow for the delivery of Staff’s materials and for the Respondents to review them and obtain instructions in relation to the relief being sought by Staff;

    AND WHEREAS at the request of the Commission, Staff and counsel for the Respondents consulted with respect to dates for the hearing of the application for a Temporary Order and the hearing on the merits, and the Commission ordered that the hearing of the application for the Temporary Order be held on January 18, 19, 20, and 23, 2012, at the Offices of the Commission;

    AND WHEREAS the Commission ordered that a confidential pre-hearing conference be held on September 1, 2011 at 11:00 a.m. to address scheduling for the hearing on the merits, and any other matters that Staff and counsel for the Respondents wish to raise;

    AND WHEREAS on September 1, 2011, Staff and counsel for the Respondents appeared before the Commission for a pre-hearing conference, and made submissions with respect to a timetable for the hearing for the Temporary Order;

    AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;

    IT IS HEREBY ORDERED THAT:

1. The parties are to comply with the following timetable for the delivery of material and other interim steps in respect of the hearing for the Temporary Order, which timetable may be varied on consent of the parties or by further Order of the Commission:

  1. October 11, 2011: The Respondents are to advise of their intent to call expert evidence, the number of experts and the issue(s) to be addressed by the expert(s);
  2. October 17, 2011: The Respondents to deliver responding fact evidence;
  3. October 31, 2011: Staff to deliver reply fact evidence, if any;
  4. November 10, 2011: The Respondents to deliver expert evidence, if any;
  5. December 12, 2011: Staff to deliver responding expert evidence, if any;
  6. December 19, 2011: Staff to deliver its factum;
  7. January 9, 2012: Respondents to deliver their factum;
  8. January 13, 2012: Staff to deliver its reply factum, if any;
  9. January 18-20 and January 23, 2012: Hearing of the application for the Temporary Order;

IT IS FURTHER ORDERED that a confidential pre-hearing conference will take place on September 19, 2011 at 4:00 p.m. to address scheduling for the hearing on the merits, and any other matters that Staff and counsel for the Respondents wish to raise.

DATED at Toronto this 1st day of September, 2011.

 

 

" James E. A. Turner "
James E. A. Turner