Triumph Asset Management Inc./Gestion D'Actifs Triumph -- s. 213(3)(b) of the LTCA

Approval

Headnote

Clause 213(3)(b) of the Loan and Trust Corporations Act -- application by manager, with no prior track record acting as trustee, for approval to act as trustee of pooled funds and future pooled funds to be managed by the applicant and offered pursuant to a prospectus exemption.

Statutes Cited:

Loan and Trust Corporations Act, R.S.O. 1990, c. L.25, as am., s. 213(3)(b).

January 28, 2011

Fogler, Rubinoff LLP
95 Wellington Street West
Suite 1200
Toronto-Dominion Centre
Toronto, Ontario

M5J 2Z9

Attention:
Elliott A. Vardin

Dear Sirs/Mesdames:

Re:

Triumph Asset Management Inc./Gestion D'Actifs Triumph (the "Applicant") -- Application pursuant to clause 213(3)(b) of theLoan and Trust Corporations Act (Ontario) for approval to act as trustee

 

Application No. 2010/0897

Further to your application dated December 2, 2010 (the "Application") filed on behalf of the Applicant, and based on the facts set out in the Application and the representation by the Applicant that the assets of Triumph Capital Appreciation Trust and Triumph Aggressive Opportunities Trust and such other funds as the Applicant may establish from time to time, will be held in the custody of a trust company incorporated and licensed or registered under the laws of Canada or a jurisdiction, or a bank listed in Schedule I, II or III of theBank Act (Canada), or an affiliate of such bank or trust company, the Ontario Securities Commission (the "Commission") makes the following order

Pursuant to the authority conferred on the Commission in clause 213(3)(b) of the Loan and Trust Corporations Act (Ontario), the Commission approves the proposal that the Applicant act as trustee of Triumph Capital Appreciation Trust and Triumph Aggressive Opportunities Trust and such other funds which may be established and managed by the Applicant from time to time, the securities of which will be offered pursuant to a prospectus exemption.

Yours truly,

"Carol S. Perry"
Commissioner
 
"Vern Krishna"
Commissioner