Temporary Order: In the Matter of Firestar Capital Management Corp. et al.

Order
 

IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED  

- and -

IN THE MATTER OF

Firestar Capital Management Corp.,
Kamposse Financial Corp., Firestar Investment Management Group,
Michael Ciavarella and Michael Mitton

TEMPORARY ORDER
(Section 127)

WHEREAS on December 10, 2004, the Ontario Securities Commission issued a Notice of Hearing pursuant to s.127 of the Securities Act, R.S.O. 1990, c.S.5, to consider whether it is in the public interest to extend the Temporary Orders made on December 10, 2004 ordering that trading in shares of Pender International Inc. by Firestar Capital Management Corp., Kamposse Financial Corp., Firestar Investment Management Group, Michael Mitton, and Michael Ciavarella cease until further order by the Commission;

AND WHEREAS on December 17, 2004, the Commission ordered that the hearing to consider whether to extend the Temporary Orders should be adjourned until February 4 and the Temporary Orders continued until that date;

AND WHEREAS on December 17, 2004, the Commission ordered that the Temporary Order against Michael Mitton should also be expanded such that Michael Mitton shall not trade in any securities in Ontario until the hearing on February 4, 2005;

AND WHEREAS a Notice of Hearing and Statement of Allegations were issued on December 21, 2004;

AND WHEREAS the hearing to consider whether to continue the Temporary Orders has been adjourned, on consent on numerous occasions, most recently until October 12, 2006 and the Temporary Orders continued until October 12, 2007;

AND WHEREAS Firestar Capital Management Corp., Kamposse Financial Corp., Firestar Investment Management Group, Michael Ciavarella and Michael Mitton do not oppose the making of this order;

AND WHEREAS, Michael Ciavarella and Michael Mitton were charged on September 26, 2006 under the Criminal Code with offences of fraud, conspiracy to commit fraud, laundering the proceeds of crime, possession of proceeds of crime, and extortion for acts related to this matter;

AND WHEREAS on March 22, 2007, Michael Mitton was convicted of numerous charges under the Criminal Code and sentenced to a term of imprisonment of seven years;

AND WHEREAS Michael Ciavarella is awaiting his preliminary hearing in the Ontario Court of Justice which is set to commence in January of 2008;

AND WHEREAS Michael Ciavarella is subject to an order of the Ontario Court of Justice which inter alia prohibits him from trading in securities;

IT IS ORDERED that the hearing to consider whether to continue the Temporary Cease Trade Orders is adjourned to March 31, 2008;

IT IS ORDERED that the Temporary Cease Trade Orders currently in place as against Firestar Capital Management Corp., Kamposse Financial Corp., Firestar Investment Management Group, Michael Ciavarella and Michael Mitton are further continued until March 31, 2008, or until further order of this Commission;

DATED at Toronto this 12 th day of October, 2007.

“Harold P. Hands”
Harold P. Hands
“Suresh Thakrar”
Suresh Thakrar