IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, as amended (“the Act”)
IN THE MATTER OF
BLUE GOLD HOLDINGS LTD., DEREK BLACKBURN,
RAJ KURICHH AND NIGEL GREENING
(Section 127 of the Securities Act)
WHEREAS on March 11, 2015, 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”) in relation to a Statement of Allegations filed by Staff of the Commission (“Staff”) on March 11, 2015, to consider whether it is in the public interest to make certain orders against Blue Gold Holdings Ltd. (‘Blue Gold”), Derek Blackburn (‘Blackburn”), Raj Kurichh (“Kurichh”), and Nigel Greening (“Greening”) (collectively, the “Respondents”);
AND WHEREAS on April 1, 2015, the Commission issued an Amended Notice of Hearing with respect to the Respondents;
AND WHEREAS the Amended Notice of Hearing set April 10, 2015 at 10:00 a.m. as the hearing date in this matter;
AND WHEREAS on April 10, 2015 Staff, counsel for Kurichh, George Schwartz as agent on behalf of Blackburn and on behalf of Blue Gold, and Greening personally, attended;
AND WHEREAS Staff served the Respondents with the Notice of Hearing, the Amended Notice of Hearing, the Statement of Allegations, and the Case Management Guideline for Enforcement Proceedings (the “Case Management Guideline”) as evidenced by the Affidavit of Service sworn by Joseph Vilardo on March 12, 2015, and the Affidavit of Service sworn by Laura Lavalley on April 8, 2015, filed with the Commission;
AND WHEREAS the agent for Blackburn and Blue Gold took the position that the Commission has no constitutional jurisdiction to proceed, declined the opportunity to bring a motion or present submissions in that regard at this time, and then withdrew representation on behalf of Blackburn and Blue Gold;
AND WHEREAS the Panel heard submissions from Staff and parties in attendance;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS HEREBY ORDERED that:
- All Respondents were properly served with the Notice of Hearing, the Amended Notice of Hearing, and the Statement of Allegations;
- The Respondents Blackburn and Blue Gold need not be served with any further documentation or notice of proceedings in this matter;
- Staff will make disclosure to the participating Respondents by May 8, 2015, of all documents and things in Staff’s possession or control that are relevant to the hearing;
- The participating Respondents will make disclosure by June 30, 2015, of all documents and things in their possession or control that they intend to produce or enter as evidence at the hearing;
- Staff will make disclosure to the participating Respondents of their witness lists and summaries, and indicate any intent to call an expert no later than five days before July 27, 2015;
- This matter be adjourned to a confidential pre-hearing conference on July 27, 2015 at 10:00 a.m.; and
- Any motions regarding disclosure or other issues, if necessary, are to be scheduled at the confidential pre-hearing conference on July 27, 2015
DATED at Toronto this 10th day of April, 2015.
" Janet Leiper "
" Alan Lenczner "
" Timothy Moseley "