Order: In the Matter of Peter Beck et al.
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
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IN THE MATTER OF
SWIFT TRADE INC. (continued as 7722656 Canada Inc.), BIREMIS, CORP.,
OPAL STONE FINANCIAL SERVICES S.A., BARKA CO. LIMITED,
TRIEME CORPORATION and a limited partnership referred to as “ANGUILLA LP”
WHEREAS on March 23, 2011, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing and a Statement of Allegations in this matter pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended;
AND WHEREAS the Notice of Hearing provided that a hearing would be held at the offices of the Commission on Wednesday, April 13, 2011 at 10:00 a.m.;
AND WHEREAS the Respondents were served with the Notice of Hearing and Statement of Allegations on March 23, 2011;
AND WHEREAS on April 13, 2011, Staff and counsel for the Respondents attended before the Commission for a first appearance on this matter;
AND WHEREAS at the first appearance, Stikeman Elliott LLP confirmed it had been retained as counsel for all of the Respondents in this matter, and further acknowledged that the Notice of Hearing and Statement of Allegations had been served on all of the Respondents;
AND WHEREAS at the first appearance, Staff requested that the hearing on the merits be scheduled at a pre-hearing conference or at a subsequent appearance;
AND WHEREAS on April 13, 2011, the Commission ordered that a confidential pre-hearing conference be scheduled through the Office of the Secretary on a date to be agreed to by Staff and counsel for the Respondents, and that the hearing be adjourned to Wednesday, July 20, 2011 at 10:00 a.m., or to such other date as may be agreed to by the parties and fixed by the Office of the Secretary, for the purpose of addressing scheduling and any other procedural matters or for such other purposes as the Panel hearing the matter may determine;
AND WHEREAS on July 19, 2011, the Commission issued a Notice of Hearing setting the matter down to be heard on September 20 and 21, 2011 at 10:00 a.m. to consider whether, in the opinion of the Commission, it is in the public interest for the Commission to issue a Temporary Order pursuant to subsections 127(1), (4), (5), (6), (7) and (8) of the Act;
AND WHEREAS on July 20, 2011, Staff requested that a schedule be set for the hearing for a Temporary Order, and counsel for the Respondents requested that the matter be adjourned in order to allow for the delivery of Staff’s materials and for the Respondents to review them and obtain instructions in relation to the relief being sought by Staff;
AND WHEREAS at the request of the Commission, Staff and counsel for the Respondents have consulted with respect to dates for the hearing of the application for a Temporary Order and the hearing on the merits;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED that the hearing of the application for the Temporary Order be held on January 18, 19 and 20, 2012, at the Offices of the Commission;
IT IS FURTHER ORDERED that a confidential pre-hearing conference be held on September 1, 2011 at 11:00 a.m. to address scheduling for the hearing on the merits, and any other matters that Staff and counsel for the Respondents wish to raise.
DATED at Toronto this 20th day of July, 2011.
James E. A. Turner