Order: In the Matter of 2241153 Ontario Inc. et al.
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
2241153 ONTARIO INC., SETENTERPRICE,
SARBJEET SINGH, DIPAK BANIK,
STOYANKA GUERENSKA, SOPHIA NIKOLOV
and EVGUENI TODOROV
WHEREAS on February 10, 2015, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to section 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”), in relation to a Statement of Allegations filed by Staff of the Commission (“Staff”) on February 9, 2015, to consider whether it is in the public interest to make certain orders against 2241153 Ontario Inc. (“2241153”), Setenterprice, Sarbjeet Singh (“Singh”), Dipak Banik (“Banik”), Stoyanka Guerenska (“Guerenska”), Sophia Nikolov (“Nikolov”) and Evgueni Todorov (“Todorov”) (together, the “Respondents”);
AND WHEREAS the Notice of Hearing set a hearing in this matter for February 23, 2015 at 11:00 a.m.;
AND WHEREAS on February 11, 2015 a settlement agreement entered into by Staff of the Commission (“Staff”) and Singh and 2241153 was approved by the Commission;
AND WHEREAS on February 23, 2015 Staff attended a hearing in this matter and no one appeared on behalf of the Respondents;
AND WHEREAS on February 23, 2015, the Commission ordered that:
- The matter was adjourned to a hearing scheduled for March 24, 2015 at 9:00 a.m.;
- On or before March 24, 2015, Staff shall disclose to the Respondents all documents and things in its possession or control that are relevant to the allegations in this matter; and
- Upon failure of any party to attend at the hearing scheduled for March 24, 2015 at 9:00 a.m., the hearing will proceed in the absence of that party and such party will not be entitled to any further notice of the proceedings.
AND WHEREAS on March 24, 2015, Staff and Todorov and Nikolov attended at a hearing in this matter and Banik and Guerenska did not appear, although properly served;
AND WHEREAS the Commission considered the submissions from Staff and the Respondents in attendance and the Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED that this matter is adjourned to a hearing scheduled for June 24, 2015 at 9:30 a.m. or to such other date as may be agreed to by the parties and fixed by the Office of the Secretary;
IT IS FURTHER ORDERED that at least five (5) days before the next hearing date Staff will provide the Respondents with their witness lists and summaries and indicate any intent to call an expert witness, including the name of the expert witness and the issue on which the expert will be giving evidence.
DATED at Toronto this 24th day of March, 2015.
Alan J. Lenczner