IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
IN THE MATTER OF
TBS NEW MEDIA LTD., TBS NEW MEDIA PLC,
CNF FOOD CORP., CNF CANDY CORP.,
ARI JONATHAN FIRESTONE AND MARK GREEN
(Section 127 of the Securities Act)
WHEREAS on September 3, 2010, 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") accompanied by a Statement of Allegations dated September 3, 2010, issued by Staff of the Commission ("Staff") with respect to TBS New Media Inc. ("TBS"), TBS New Media PLC ("TBS PLC"), CNF Food Corp. ("CNF Food"), CNF Candy Corp. ("CNF Candy"), Ari Jonathan Firestone ("Firestone") and Mark Green ("Green") collectively the "Respondents";
AND WHEREAS the Notice of Hearing stated that a hearing would be held at the offices of the Commission on September 8, 2010;
AND WHEREAS on September 8, 2010 Staff confirmed that the Commission had received the affidavit of Charlene Rochman sworn September 7, 2010 which indicated that service of the Notice of Hearing and Statement of Allegations was attempted on all Respondents personally, electronically, through their counsel or at their last known address;
AND WHEREAS on September 8, 2010, Staff and counsel for TBS, TBS PLC, CNF Food, CNF Candy and Firestone attended the hearing and no one appeared on behalf of Green;
AND WHEREAS on September 8, 2010, counsel for TBS, TBS PLC, CNF Food, CNF Candy and Firestone requested that the hearing be adjourned and a pre-hearing conference scheduled;
AND WHEREAS on September 8, 2010, the Commission adjourned the hearing to October 21, 2010 at 11:00 a.m. for a confidential pre-hearing conference;
AND WHEREAS on September 9, 2010, Staff issued an Amended Statement of Allegations to amend the respondent named as "TBS New Media Inc." to "TBS New Media Ltd.";
AND WHEREAS on October 21, 2010, Staff appeared before the Commission to request that the pre-hearing conference be rescheduled, and informed the Commission they had advised counsel for TBS, TBS PLC, CNF Candy, CNF Food and Firestone that they would be making the request;
AND WHEREAS on October 21, 2010, no one attended on behalf of any of the Respondents;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED that the pre-hearing conference is adjourned to December 6, 2010 at 10:00 a.m.
DATED at Toronto this 22nd day of October, 2010.
"James D. Carnwath"