Proceedings

PDF Version

PDF Version



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

- AND -

IN THE MATTER OF
AMERICAN HERITAGE STOCK TRANSFER INC.,
AMERICAN HERITAGE STOCK TRANSFER, INC.,
BFM INDUSTRIES INC., DENVER GARDNER INC.,
SANDY WINICK, ANDREA LEE MCCARTHY,
KOLT CURRY AND LAURA MATEYAK

TEMPORARY ORDER
Section 127(7))



    WHEREAS on April 1, 2011, the Ontario Securities Commission (the “Commission”) issued an order pursuant to sections 127(1) and 127(5) of the Securities Act, R.S.O. 1990, c.S.5, as amended (the “Act”) (the “Temporary Order”) that immediately and for a period of 15 days from the date thereof provided that, inter alia, all trading by Andrea Lee McCarthy (“McCarthy”) shall cease;

    AND WHEREAS on April 4, 2011, the Commission issued a Notice of Hearing (the “Notice of Hearing”) to consider the extension of the Temporary Order, to be held on April 14, 2011 at 10:00 a.m.;

    AND WHEREAS on April 14, 2011, the Temporary Order was extended until April 28, 2011;

    AND WHEREAS on April 27, 2011, a hearing was held before the Commission and Staff of the Commission (“Staff”), and counsel for the respondents Curry, Mateyak, AHST Nevada and AHST Ontario, appeared before the Commission and made submissions;

    AND WHEREAS counsel for the respondent McCarthy consented on behalf of her client to the continuation of the Temporary Order;

    AND WHEREAS the Commission considered the evidence and submissions of the Commission and counsel and was of the opinion that it was in the public interest to order that the Temporary Order be extended to September 9, 2011 or until further order of the Commission;

    AND WHEREAS on September 8, 2011, the Temporary Order was extended until November 24, 2011;

    AND WHEREAS on November 23, 2011, the Temporary Order was extended until December 22, 2011;

    AND WHEREAS on December 21, 2011, the Temporary Order was extended until January 27, 2012;

    AND WHEREAS on January 26, 2012, the Temporary Order was extended until February 17, 2012;

    AND WHEREAS on January 27, 2012, a Notice of Hearing was issued against the Respondents 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.;

    AND WHEREAS on February 16, 2012, the Temporary Order was extended until March 26, 2012;

    AND WHEREAS on March 23, 2012, a hearing was held before the Commission and both Staff and counsel made submissions. After considering the submissions of counsel and evidence presented, the Commission determined that the Temporary Order should be extended against the remaining Respondents until the conclusion of the merits hearing in this matter;

    AND WHEREAS the merits hearing was scheduled to commence on November 12, 2012;

    AND WHEREAS by Order of the Commission dated October 17, 2012, the hearing on the merits will proceed as a written hearing;

    AND UPON reviewing the Notice of Application, and the Affidavit of Andrea McCarthy, and the consent of Commission Staff;

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

    IT IS HEREBY ORDERED THAT:

(a) Clause f. of the Temporary Order be amended to read as follows:

f. all trading by McCarthy shall cease, with the exception that McCarthy shall be permitted, through a registered dealer, to sell only the securities held on the date of this order in her Registered Retirement Savings Plan (as defined in the Income Tax Act (Canada)) with the Independent Planning Group;

    DATED AT TORONTO this 29th day of October, 2012.

 

" James D. Carnwath "
James D. Carnwath