Securities Law & Instruments

IN THE MATTER OF

THE SECURITIES ACT,

RSO 1990, c S.5

 

AND

 

IN THE MATTER OF

ECO ORO MINERALS CORP.

 

AND

 

IN THE MATTER OF

A HEARING AND REVIEW OF A DECISION OF

THE TORONTO STOCK EXCHANGE

 

ORDER (Rules 3, 6, 11 and 14 of the Ontario Securities Commission Rules of Procedure)

 

                WHEREAS:

 

1.             on March 27, 2017, pursuant to sections 21.7 and 127 of the Securities Act, RSO 1990, c S.5 and section 161 of the Securities Act, RSBC 1996, c 418, Courtenay Wolfe and Harrington Global Opportunities Fund Ltd. (collectively, the “Applicants”) filed a Notice of Application with each of the Ontario Securities Commission (the “Commission”) and the British Columbia Securities Commission (the “BCSC”, and together with the Commission, the “Commissions”) for a joint hearing in respect of the issuance of 10,600,000 common shares (the “Shares”) of Eco Oro Minerals Corp. (“Eco Oro”) by Eco Oro to four shareholders of Eco Oro on or about March 16, 2017, and the decision of the Toronto Stock Exchange (the “TSX”) on March 10, 2017 to grant conditional approval for the issuance of the Shares (the “Application”);

 

2.             on March 29, 2017, the Commissions held an electronic pre-hearing conference (the “Pre-Hearing Conference”) to address scheduling matters with respect to the Application;

 

3.             the Pre-Hearing Conference was attended by the Applicants, the TSX, Eco Oro, Staff of the Commission (“Staff”), Staff of the BCSC, and three prospective intervenors, namely Trexs Investments, LLC, Amber Capital LP and Paulson & Co. Inc.;

 

4.             on March 30, 2017, the Applicants filed correspondence with the Commissions advising that they will not be proceeding with the relief sought from the BCSC;

 

5.             the Commission is of the opinion that it is in the public interest to make this Order;

 

                IT IS HEREBY ORDERED THAT:

 

1.             the hearing of the Application (the “Hearing”) shall commence at 10:00 a.m. on Wednesday, April 19, 2017 and continue on Thursday, April 20, 2017, commencing at 10:00 a.m., or such other date as may be agreed to by the parties and set by the Office of the Secretary;

 

2.             each of Trexs Investments, LLC, Amber Capital LP and Paulson & Co. Inc. shall serve and file materials for its respective motion for leave to intervene in the Application (the “Intervenor Motions”) by no later than 5:00 p.m. on Monday, April 3, 2017;

 

3.             the TSX shall serve and file the record of the TSX with respect to its decision to grant conditional approval for the issuance of the Shares by no later than 5:00 p.m. on Tuesday, April 4, 2017;

 

4.             responding materials with respect to the Intervenor Motions shall be served and filed by no later than 5:00 p.m. on Wednesday, April 5, 2017;

 

5.             in accordance with Rule 11.4 of the Ontario Securities Commission Rules of Procedure (2014), 37 OSCB 4168, and subsection 5.1(1) of the Statutory Powers Procedure Act, RSO 1990, c S.22, the Intervenor Motions shall be heard by means of written hearings;

 

6.             subject to any order of the Commission on the Intervenor Motions, notice of, and supporting materials for preliminary motions other than the Intervenor Motions, if any (the “Preliminary Motions”), shall be served and filed by no later than 5:00 p.m. on Thursday, April 6, 2017;

 

7.             the Applicants shall serve and file the Applicants’ full record, including the memorandum of fact and law and any sworn affidavits being relied upon, by no later than 5:00 p.m. on Friday, April 7, 2017;

 

8.             subject to any order of the Commission on the Intervenor Motions, responding materials to the Preliminary Motions shall be served and filed by no later than 5:00 p.m. on Saturday, April 8, 2017;

 

9.             the hearing of the Preliminary Motions, if any, shall commence at 10:00 a.m. on Monday, April 10, 2017, or such other date as may be agreed to by the parties and set by the Office of the Secretary;

 

10.          responding materials for the Application, including the memorandum of fact and law and any sworn affidavits being relied upon by any parties other than the Applicants, shall be served and filed by no later than 5:00 p.m. on Thursday, April 13, 2017;

 

11.          the Applicants’ shall serve and file any reply materials being relied upon by no later than 5:00 p.m. on Monday, April 17, 2017; and

 

12.          Staff’s submissions shall be served and filed by no later than 5:00 p.m. on Tuesday, April 18, 2017.

 

                DATED at Toronto, this 3rd day of April, 2017.

 

“D. Grant Vingoe”

 

“Monica Kowal”

 

“Frances Kordyback”