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 MARLON GARY HIBBERT, ASHANTI CORPORATE
SERVICES INC., DOMINION INTERNATIONAL RESOURCE MANAGEMENT
INC., KABASH RESOURCE MANAGEMENT, POWER TO CREATE WEALTH
INC. AND POWER TO CREATE WEALTH INC. (PANAMA)

ORDER


WHEREAS on January 28, 2011, the Ontario Securities Commission (the “Commission”) issued a temporary cease trade order (the “Temporary Order”) pursuant to subsections 127(1) and 127(5) of the Securities Act, R.S.O. 1990, c.S.5, as amended (the “Act”) in respect of all of the Respondents (the “Cease Trade Order”);

AND WHEREAS on February 11, 2011, the Commission made an Order extending the Cease Trade Order until July 28, 2011;

AND WHEREAS on March 29, 2011, the Commission issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Act in connection with a Statement of Allegations dated March 29, 2011 issued by Staff of the Commission (“Staff”) with respect to the Respondents;

AND WHEREAS on April 27, 2011, the Commission held a hearing and ordered that: (1) the hearing on the merits shall commence on December 1, 2011; (2) a pre-hearing conference be held on October 11, 2011; and (3) the exchange of documents shall take place on August 12, 2011;

AND WHEREAS on July 26, 2011, the Commission made a further order extending the Cease Trade Order until the conclusion of the hearing on the merits;

AND WHEREAS on October 11, 2011, the Commission held a pre-hearing in this matter and heard submissions from Staff and Hibbert;

AND WHEREAS the hearing on the merits took place on December 5, 7 and 9, 2011 and January 11, 2012;

AND WHEREAS on April 4, 2012, the Panel issued its Reasons and Decision and found the Respondents breached the Act by: trading in securities without being registered to do so; acting as advisors with respect to investing in, buying or selling securities without registration; engaging in activities which constituted a distribution in securities for which no preliminary prospectus or prospectus had been filed and for which no receipt had been issued by the Director; and further, that Marlon Gary Hibbert (“Hibbert”) had directly or indirectly engaged or participated in acts, practices or a course of conduct relating to securities that he knew or ought reasonably to have known would perpetrate a fraud on persons; and that Hibbert had misled Staff;

AND WHEREAS a sanctions hearing was scheduled for August 1, 2012;

AND WHEREAS on July 18, 2012, the Commission made an Order pursuant to subsection 144(1) of the Act varying the Cease Trade Order to permit Hibbert and Power To Create Wealth Inc. (Panama) (“PCWP”) to trade in securities solely to transfer approximately $650,000.00 from a trading account held in the name of PCWP located in Panama to the Ontario Securities Commission by way of a bank draft or direct wire transfer to an account held by or in the name of the Commission;

AND WHEREAS on August 1, 2012, counsel for Hibbert requested an adjournment of the sanctions hearing as the $650,000.00 had not yet been transferred from a trading account held in the name of PCWP located in Panama to the Ontario Securities Commission;

AND WHEREAS Staff did not oppose the adjournment;

AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order:

IT IS ORDERED that the sanctions hearing is adjourned to August 13, 2012 at 2:30 p.m. on a peremptory basis with respect to Hibbert.

DATEDat Toronto this 1st day of August, 2012.

 

" James D. Carnwath "
James D. Carnwath