IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
- AND –
IN THE MATTER OF HEIR HOME EQUITY INVESTMENT REWARDS INC.; FFI
FIRST FRUIT INVESTMENTS INC.; WEALTH BUILDING MORTGAGES INC.;
ARCHIBALD ROBERTSON; ERIC DESCHAMPS; CANYON ACQUISITIONS, LLC;
CANYON ACQUISITIONS INTERNATIONAL, LLC; BRENT BORLAND; WAYNE D.
ROBBINS; MARCO CARUSO; PLACENCIA ESTATES DEVELOPMENT, LTD.;
COPAL RESORT DEVELOPMENT GROUP, LLC; RENDEZVOUS ISLAND, LTD.;
THE PLACENCIA MARINA, LTD.; AND THE PLACENCIA HOTEL AND RESIDENCES LTD.
(Sections 127(1) and 127.1)
WHEREAS on March 29, 2011, 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 in connection with a Statement of Allegations filed by Staff of the Commission (“Staff”) on March 29, 2011 in respect of HEIR Home Equity Investment Rewards Inc., FFI First Fruit Investments Inc., Wealth Building Mortgages Inc., Archibald Robertson, (collectively, the “HEIR Respondents”), Canyon Acquisitions, LLC, Canyon Acquisitions International, LLC, Brent Borland, Wayne D. Robbins, Marco Caruso, Placencia Estates Development, Ltd., Copal Resort Development Group, LLC, Rendezvous Island, Ltd., The Placencia Marina, Ltd. and The Placencia Hotel and Residences Ltd. (collectively, the “Canyon Respondents”) and Eric Deschamps (“Deschamps”);
AND WHEREAS on October 24, 2012, the Commission heard motions brought by the Canyon Respondents and the HEIR Respondents for an Order adjourning the commencement of the hearing on the merits from November 5, 2012 to mutually agreeable dates. Staff and counsel for the HEIR Respondents attended the hearing in person. Also in attendance by telephone were Archie Robertson, Brent Borland, on behalf of himself and the Canyon Respondents, and counsel for Deschamps;
AND WHEREAS on October 24, 2012, on the consent of the parties, the Commission ordered that:
- The dates for the hearing on the merits commencing on November 5, 2012 through to November 30, 2012 are vacated;
- The hearing on the merits in this matter will commence on April 15, 2013, and will continue thereafter on April 16-19, 22, 25, 26, 29, 30, May 1-3, 6, and 8-10, 2013. These dates are peremptory against the Canyon Respondents and the HEIR Respondents with or without counsel, but are not peremptory against Deschamps; and
- A prehearing conference will be held on February 27, 2013 at 9:00 a.m.;
AND WHEREAS on February 25, 2013 the Commission issued an Order approving the Settlement Agreement reached between Staff of the Commission and Deschamps dated February 14, 2013;
AND WHEREAS on February 27, 2013 a confidential pre-hearing conference was held in this proceeding and attended in person by Staff of the Commission and counsel for the HEIR Respondents. Also in attendance by telephone was Brent Borland, on behalf of himself and the Canyon Respondents;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order:
IT IS ORDERED THAT:
- The hearing on the merits in this matter will commence on April 15, 2013, and will continue thereafter on April 16-19, 22, 25, 26, 29, 30, May 1-3, 6, and 8-10, 2013. These dates are peremptory against the Canyon Respondents and the HEIR Respondents with or without counsel, as previously ordered on October 24, 2012; and
- A prehearing conference will be held on April 4, 2013 at 9:00 a.m.
DATED at Toronto this 27th day of February, 2013.