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
BIGFOOT RECREATION & SKI AREA LTD. and
RONALD STEPHEN MCHAFFIE

ORDER
(Section 127)




WHEREAS

  1. On September 22, 2014, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 127 of the Securities Act, R.S.O. 1990 c. S.5, as amended (the “Act”) in respect of Bigfoot Recreation & Ski Area Ltd. (“Bigfoot”) and Ronald Stephen McHaffie (“McHaffie”) (together, the “Respondents”);
  2. On September 22, 2014, Staff of the Commission (“Staff”) filed a Statement of Allegations in respect of the same matter;
  3. On October 24, 2014, Staff filed an affidavit of service sworn 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;
  4. On October 24, 2014, the Commission ordered that:
    1. the Respondents shall advise of any objections they have to proceeding by way of written hearing within 5 days following service of the October 24, 2014 order; and
    2. once Staff has advised the Office of the Secretary that the period for objections has passed, the Commission will issue an order addressing Staff’s application;
  5. Both of the Respondents received service of the October 24, 2014 order no later than November 4, 2014;
  6. Staff received no communication from the Respondents in relation to Staff’s application to proceed by way of written hearing within the time allotted by the Commission’s Roles of Procedure;
  7. On November 19, 2014, the Commission made an order granting Staff’s application to proceed by written hearing;
  8. Staff filed the affidavit of service of Lee Crann, sworn December 3, 2014, confirming service of the Commission’s order dated November 19, 2014 on the Respondents;
  9. Staff filed written submissions, a hearing brief and a brief of authorities;
  10. The Respondents did not file any responding materials;
  11. The Commission is of the opinion that it is in the public interest to make this order;

            IT IS ORDERED that:

  1. against McHaffie that:
    1. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities by McHaffie cease permanently;
    2. pursuant to paragraph 2.1 of subsection 127(1) of the Act, acquisition of any securities by McHaffie be prohibited permanently;
    3. pursuant to paragraphs 7 and 8.1 of subsection 127(1) if the Act, McHaffie resign any position that he holds as a director or officer of any issuer or registrant;
    4. pursuant to paragraphs 8 and 8.2 of subsection 127(1) of the Act, McHaffie be prohibited permanently from becoming or acting as an officer or director of any issuer or registrant; and
    5. pursuant to paragraph 8.5 of subsection 127(1) of the Act, McHaffie be prohibited permanently from becoming or acting as a registrant or as a promotor;
  2. against Bigfoot that:
    1. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities of Bigfoot cease permanently;
    2. pursuant to paragraph 2 of subsection 127(1) of the Act, trading in any securities by Bigfoot cease permanently;
    3. pursuant to paragraph 2.1 of subsection 127(1) of the Act, acquisition of any securities by Bigfoot be prohibited permanently; and
    4. pursuant to paragraph 8.5 of subsection 127(1) of the Act, Bigfoot be prohibited permanently from becoming or acting as a registrant or as a promoter.

Dated at Toronto this 20th day of August, 2015.

 



"Mary G. Condon "
Mary G. Condon