IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
- and -
IN THE MATTER OF
SANDY WINICK, ANDREA LEE MCCARTHY,
KOLT CURRY, LAURA MATEYAK, GREGORY J. CURRY,
AMERICAN HERITAGE STOCK TRANSFER INC.,
AMERICAN HERITAGE STOCK TRANSFER, INC.,
BFM INDUSTRIES INC., LIQUID GOLD INTERNATIONAL INC.,
and NANOTECH INDUSTRIES INC.
(Sections 127 and 127.1)
WHEREAS on January 27, 2012, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) (the “Notice of Hearing”) in connection with a Statement of Allegations filed by Staff of the Commission (“Staff”) on January 27, 2012, to consider whether it is in the public interest to make certain orders against Sandy Winick (“Winick”), Andrea Lee McCarthy (“McCarthy”), Kolt Curry, Laura Mateyak (“Mateyak”), Gregory J. Curry (“Greg Curry”), American Heritage Stock Transfer Inc. (“AHST Ontario”), American Heritage Stock Transfer, Inc. (“AHST Nevada”), BFM Industries Inc. (“BFM”), Liquid Gold International Inc. (“Liquid Gold”), and Nanotech Industries Inc. (“Nanotech”) (collectively, the “Respondents”);
AND WHEREAS on February 16, 2012, a first appearance hearing was held and the matter was adjourned to a pre-hearing conference on March 23, 2012;
AND WHEREAS on March 23, 2012, it was ordered that the hearing on the merits in this matter shall commence on November 12, 2012, and continue until November 21, 2012, except that the hearing will not sit on November 20, 2012 (the “Hearing on the Merits”).
AND WHEREAS Winick, Greg Curry and Nanotech have never participated in this hearing, although properly served with the Notice of Hearing and Staff’s Statement of Allegations;
AND WHEREAS Staff have requested that all or substantially all of the Hearing on the Merits be converted to a Written Hearing, pursuant to Rule 11.5 of the Commission’s Rules of Procedure (the “Rules”), in accordance with the schedule set out below;
AND WHEREAS counsel for Kolt Curry, Laura Mateyak, AHST Ontario, AHST Nevada, McCarthy, BFM and Liquid Gold have consented to this matter proceeding as a hearing in writing;
AND WHEREAS Winick, Greg Curry and Nanotech have not objected to this matter proceeding as a written hearing, though properly notified by Staff;
AND WHEREAS the Commission finds that it is in the public interest to make this order;
IT IS HEREBY ORDERED that pursuant to Rule 11.5, the Hearing on the Merits shall proceed as a written hearing, in accordance with the following schedule:
- Staff shall file evidentiary briefs in the form of affidavits, as well as written submissions on the relevant facts and law, with the Secretary’s Office no later than November 30, 2012;
- The Respondents shall file any responding materials by January 11, 2013;
- Staff shall file any reply submissions or evidence by January 25, 2013;
- Staff and any participating Respondents will attend at a date appointed by the panel after January 25, 2013, to answer questions, make submissions or make any necessary witnesses available for cross-examination.
DATED at Toronto this 17th day of October, 2012.
James D. Carnwath