Variation to the Order: In the Matter of David Rutledge et al.
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
IN THE MATTER OF THE
COMMODITY FUTURES ACT
R.S.O. 1990, c. C.20, AS AMENDED
IN THE MATTER OF
DAVID RUTLEDGE AND 6845941 CANADA INC. carrying on business as ANESIS
INVESTMENTS AND RONALD MAINSE
VARIATION TO THE ORDER
(Section 144 of the Securities Act)
WHEREAS the Ontario Securities Commission (the “Commission”) issued an order dated August 13, 2010 pursuant to sections 127(1) and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Securities Act”) and sections 60 and 60.1 of the Commodity Futures Act (the “Commodity Futures Act”) that David Rutledge pay to the Commission CAD 90,000.00 to be paid in accordance with a signed undertaking provided as described in paragraph 36 of the Settlement Agreement dated August 10, 2010 (the “2010 Undertaking”);
AND WHEREAS David Rutledge has paid CAD 46,000.00 in accordance with the 2010 Undertaking;
AND WHEREAS David Rutledge has filed an application received on August 17, 2012 (the “Application”) with the Commission pursuant to section 144 of the Securities Act and section 78 of the Commodity Futures Act requesting that the Commission extend the time to fulfil the 2010 Undertaking;
AND WHEREAS the Commission has received certain representations from David Rutledge in connection with the Application;
AND WHEREAS Staff of the Commission has advised that it does not oppose the relief sought;
AND WHEREAS the Commission has determined that it is not prejudicial to the public interest to vary the Order dated August 13, 2010 to extend the payment undertaking, commencing September 1, 2012;
IT IS ORDERED, pursuant to section 144 of the Securities Act and section 78 of the Commodity Futures Act, that paragraph (l) of the Order dated August 13, 2010, be varied in part to provide that the remainder of the CAD 90,000.00 will be paid in accordance with an undertaking signed by David Rutledge on August 29, 2012 and provided to Staff of the Commission.
DATED at Toronto this 4th day of September, 2012.
James D. Carnwath