Order: In the Matter Travis Michael Hurst et al.

Order

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

- and -

IN THE MATTER OF
TRAVIS MICHAEL HURST, TERRY HURST
and BRYANT HURST

ORDER



WHEREAS:

  1. on July 2, 2015, 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 Travis Michael Hurst (“Travis”), Terry Hurst (“Terry”) and Bryant Hurst (“Bryant”) (collectively, the “Respondents”);
  2. on June 30, 2015, Staff of the Commission (“Staff”) filed a Statement of Allegations in respect of the same matter;
  3. on March 2, 2015, the Respondents entered into a Settlement Agreement and Undertaking with the Alberta Securities Commission (the “Settlement Agreement”);
  4. in the Settlement Agreement, the Respondents each agreed to certain undertakings and to be made subject to sanctions, conditions, restrictions or requirements within the province of Alberta;
  5. pursuant to paragraph 5 of subsection 127(10) of the Act, an order may be made in respect of a person or company if the person or company has agreed with a securities regulatory authority, derivatives regulatory authority or financial regulatory authority, in any jurisdiction, to be made subject to sanctions, conditions, restrictions or requirements;
  6. on July 22, 2015, Staff appeared before the Commission and made submissions, and filed an affidavit of service sworn by Lee Crann on July 20, 2015, indicating steps taken by Staff to serve the Respondents with the Notice of Hearing, Statement of Allegations, and Staff’s disclosure materials;
  7. on July 22, 2015, Bryant did not appear or make submissions, but Staff filed a consent from Bryant, consenting to the making of an order under subsection 127(10) of the Act which reciprocates the Settlement Agreement;
  8. on July 22, 2015, Travis and Terry did not appear or make submissions;
  9. on July 22, 2015, the Commission ordered that the hearing in this matter be adjourned to July 24, 2015 at 10:00 a.m.;
  10. on July 24, 2015, the Commission considered an application by Staff to convert the matter to a written hearing, in accordance with Rule 11.5 of the Commission’s Rules of Procedure (2014), 37 O.S.C.B. 4168, and subsection 5.1(1) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended;
  11. on July 24, 2015, Staff filed (i) a Supplementary Affidavit of Service of Lee Crann sworn July 23, 2015, indicating steps taken by Staff to serve the Respondents with the Notice of Hearing, Statement of Allegations, and Staff's disclosure materials; and (ii) an Affidavit of Service of Lee Crann sworn July 24, 2015, indicating steps taking by Staff to serve the Respondents with the Commission's order of July 22, 2015; and
  12. on July 24, 2015, the Respondents did not appear or make submissions;

IT IS HEREBY ORDERED THAT:

  1. Staff’s application to proceed by way of written hearing is granted;
  2. Staff’s materials in respect of the written hearing shall be served and filed no later than July 31, 2015;
  3. the Respondents’ responding materials, if any, shall be served and filed no later than August 28, 2015; and
  4. Staff’s reply materials, if any, shall be served and filed no later than September 11, 2015.

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



"Timothy Moseley "
Timothy Moseley