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
BRADON TECHNOLOGIES LTD., JOSEPH COMPTA,
ENSIGN CORPORATE COMMUNICATIONS INC.
and TIMOTHY GERMAN

ORDER



WHEREAS on October 3, 2013, 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, accompanied by a Statement of Allegations dated October 3, 2013, issued by Staff of the Commission (“Staff”) with respect to Bradon Technologies Ltd. (“Bradon”), Joseph Compta (“Compta”), Ensign Corporate Communications Inc. (“Ensign”) and Timothy German (“German”) (collectively, the “Respondents”);

AND WHEREAS the Commission conducted the hearing on the merits on December 1, 5, and 8 to 12, 2014;

AND WHEREAS on December 12, 2014, after concluding the evidentiary portion of the merits hearing, the Commission ordered that:

  1. the hearing on the merits dates of December 16, and 18, 2014 are vacated;
  2. Staff shall serve and file written closing submissions by 4:30 p.m. on January 21, 2015;
  3. the Respondents shall serve and file written closing submissions by 4:30 p.m. on February 4, 2015;
  4. the hearing on the merits shall continue, commencing at 10:00 a.m. on February 11, 2015 for the purpose of hearing oral closing submissions of the parties;  and
  5. that the record be sealed until the exhibits have been redacted to remove personal information of investors from the exhibits;

AND WHEREAS Staff served and filed written closing submissions on January 21, 2015; counsel for Compta and Bradon served and filed written responding written closing submissions on February 4, 2015; and Staff served a written reply on February 6, 2015, and filed the reply on February 9, 2015.  No written submissions have been served or filed by or on behalf of Ensign and/or German;

AND WHEREAS on February 10, 2015, counsel for Compta and Bradon submitted a written request for an adjournment of the hearing scheduled for February 11, 2015 to hear oral closing submissions;

AND WHEREAS counsel for Compta and Bradon represented that he was unable for medical reasons to appear and make oral closing submissions on February 11, 2015;

AND WHEREAS on February 11, 2015, Staff appeared and made submissions indicating that in the circumstances Staff was not opposing the adjournment. In attendance by telephone were counsel for Compta and Bradon, as well as Compta personally.  German did not appear;

AND WHEREAS on February 11, 2015, the Commission granted the adjournment request and ordered that the hearing on the merits continue at 10:00 a.m. on February 24, 2015, for the purpose of hearing oral closing submissions of the parties;

AND WHEREAS on February 24, 2015, Staff and counsel for Compta and Bradon appeared before the Commission and made closing submissions. German and Ensign did not appear;

AND WHEREAS Staff indicated that the Compendium of Key Documents and Staff’s written closing submissions and the schedules attached thereto have been redacted to remove investors’ personal information;

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

IT IS HEREBY ORDERED that:

  1. the redacted Compendium of Staff’s Key Documents, Staff’s redacted written closing submissions dated January 21, 2015 and the schedules attached thereto, and the written Reply Submissions of Staff dated February 7, 2015 are exempted from the Commission’s sealing order; and
  2. the record be unsealed in its entirety when the remaining exhibits have been redacted in accordance with the Commission’s Practice Guideline – April 24, 2014, Use and Disclosure of Personal Information in Ontario Securities Commission’s Adjudicative Proceedings to remove personal information of investors from the exhibits.

 

DATED at Toronto this   24th     day of February, 2015.

 



"James E.A. Turner "
James E.A. Turner