Proceedings

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

- and -

IN THE MATTER OF
FREDERICK LAWRENCE MARLATT, also known as FREDERICK LAWRENCE MITSCHELE and MICHAEL WALLACE MINOR

ORDER



WHEREAS on December 11, 2013, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in respect of Frederick Lawrence Marlatt, also known as Frederick Lawrence Mitschele (“Mitschele”), and Michael Wallace Minor (“Minor”) (together, the “Respondents”);

AND WHEREAS on December 11, 2013, Staff of the Commission (“Staff”) filed a Statement of Allegations in respect of the same matter;

AND WHEREAS on January 17, 2014, Staff appeared before the Commission and brought an application to convert this matter to a written hearing (the “First Appearance”);

AND WHEREAS on January 17, 2014, Staff filed an affidavit of service sworn January 8, 2014 by Lee Crann, a Law Clerk with the Commission, which documented steps taken by Staff to serve the Respondents with the Notice of Hearing, Statement of Allegations and Staff’s disclosure materials, and made submissions to the Commission;

AND WHEREAS the Respondents did not attend the First Appearance;

AND WHEREAS on January 17, 2014, the Commission ordered the hearing adjourned to February 13, 2014 at 2:00 p.m. (the “January 17 Order”) to permit the Respondents time to object to Staff’s application to convert this matter to a written hearing, and for Staff to provide the Respondents with information concerning the Legal Assistance Program;

AND WHEREAS on February 13, 2014, Staff filed an affidavit sworn February 13, 2014 by Lee Crann, a Law Clerk with the Commission, confirming service on the Respondents of the January 17 Order, an amended Notice of Hearing dated January 22, 2014 and an amended Statement of Allegations dated January 21, 2014, and the provision of information concerning the Legal Assistance Program on the Respondents;

AND WHEREAS on February 13, 2013, the Commission heard an application by Staff to convert this matter to a written hearing, in accordance with Rule 11.5 of the Ontario Securities Commission Rules of Procedure (2012), 35 O.S.C.B. 10071, and section 5.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended (the “Second Appearance”);

AND WHEREAS the Respondents did not attend the Second Appearance;

AND WHEREAS on February 13, 2014, the Commission ordered;

(a) Staff’s application to proceed by way of written hearing is granted;

(b) Staff’s materials in respect of the written hearing shall be filed on or before February 24, 2014;

(c) Staff are relieved from the requirement to provide the Respondents with any authorities upon which Staff relies that are contained within the Commission’s Book of Authorities, and where Staff relies on any such authority, Staff shall provide the Respondents with written instructions on how to locate the Commission’s Book of Authorities;

(d) The Respondents’ responding materials, if any, shall be served and filed no later than March 17, 2014 (the “Responding Materials”); and

(e) Staff’s reply materials, if any, shall be served and filed no later than March 24, 2014;

AND WHEREAS the Respondents did not file any Responding Materials;

AND WHEREAS the Respondents are subject to an order dated July 18, 2013 made by the British Columbia Securities Commission (the “BCSC Order”) that imposes sanctions, conditions, restrictions or requirements on them within the meaning of paragraph 4 of subsection 127(10) of the Act;

AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order pursuant to subsections 127(1) and 127(10) of the Act;

IT IS HEREBY ORDERED THAT:

(a) upon Mitschele:

i. pursuant to paragraph 2 of subsection 127(1) of the Act, that trading in any securities or derivatives by Mitschele cease until July 18, 2018 except that Mitschele may trade for his own account through a registrant, if he gives the registrant a copy of the BCSC Order and a copy of this Order of the Commission in this proceeding;

ii. pursuant to paragraph 7 of subsection 127(1) of the Act, that Mitschele resign one or more positions that he holds as a director or officer of an issuer, other than Photo Violation Technologies Corp. (“PVT2”) and any issuer all the securities of which are owned beneficially by him or members of his family;

iii. pursuant to paragraph 8 of subsection 127(1) of the Act, that Mitschele is prohibited from becoming or acting as a director or officer of any issuer until July 18, 2018 other than PVT2 and any issuer all the securities of which are owned beneficially by him or members of his immediate family;

(b) upon Minor:

i. pursuant to paragraph 2 of subsection 127(1) of the Act, that trading in any securities or derivatives by Minor cease until July 18, 2018, except that Minor may trade for his own account through a registrant, if he gives the registrant a copy of the BCSC Order and a copy of this order of the Commission in this proceeding;

ii. pursuant to paragraph 7 of subsection 127(1) of the Act, that Minor resign one or more positions that he holds as a director or officer of an issuer other than One World Media (“OWM”), One World Smart Solutions (“OWSS”) and any issuer all the securities of which are owned beneficially by him or members of his immediate family;

iii. pursuant to paragraph 8 of subsection 127(1) of the Act, that Minor is prohibited from becoming or acting as a director or officer of any issuer until July 18, 2018 other than OWM, OWSS, and any issuer all the securities of which are owned beneficially by him or members of his immediate family.


Dated at Toronto this 2nd day of June, 2014.



" Mary G. Condon "
Mary G. Condon