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
ORDER
(Section 127 of the Securities Act)



      WHEREAS on December 10, 2004, the Ontario Securities Commission (the “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 (“Mitton”), and Michael Ciavarella (“Ciavarella”) (collectively, the “Respondents”) cease until further order by the Commission (the “Temporary Orders”);

      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, 2005 and the Temporary Orders continued until that date;

      AND WHEREAS on December 17, 2004, the Commission ordered that the Temporary Order against Mitton should also be expanded such that 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 on February 2, 2005, the hearing to consider whether to continue the Temporary Orders was adjourned until May 26, 2005 and the Temporary Orders were continued until May 26, 2005;

      AND WHEREAS on March 9, 2005, the hearing to consider whether to continue the Temporary Orders was adjourned until June 29 and 30, 2005 and the Temporary Orders were continued until June 30, 2005;

      AND WHEREAS on June 29, 2005, the hearing to consider whether to continue the Temporary Orders was adjourned until November 23 and 24, 2005 and the Temporary Orders were continued until November 24, 2005;

      AND WHEREAS on November 21, 2005, the hearing to consider whether to continue the Temporary Orders was adjourned until January 30 and 31, 2006 and the Temporary Orders were continued until January 31, 2006;

      AND WHEREAS on January 30, 2006, the hearing to consider whether to continue the Temporary Orders was adjourned until July 31, 2006 and the Temporary Orders were continued until July 31, 2006;

      AND WHEREAS on July 31, 2006, the hearing to consider whether to continue the Temporary Orders was adjourned until October 12, 2006 and the Temporary Orders were continued until October 12, 2006;

      AND WHEREAS on October 12, 2006, the hearing to consider whether to continue the Temporary Orders was adjourned until October 12, 2007 and the Temporary Orders were continued until October 12, 2007;

      AND WHEREAS on October 12, 2007, the hearing to consider whether to continue the Temporary Orders was adjourned until March 31, 2008 and the Temporary Orders were continued until March 31, 2008;

      AND WHEREAS none of the Respondents appeared at the hearing on March 31, 2008;

      AND WHEREAS Ciavarella and 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, Mitton was convicted of numerous charges under the Criminal Code and sentenced to a term of imprisonment of seven years;

      AND WHEREAS Staff has not been notified that the Respondents oppose the making of this order;

      AND WHEREAS no counsel appeared for Kamposse Financial Corp. and Mitton;

      AND WHEREAS Ciavarella is continuing his preliminary hearing before the Ontario Court of Justice;

      AND WHEREAS Staff of the Commission (“Staff”) received information from Ciavarella by way of his criminal counsel, Mr. Michael Lacy, that he and the companies of which he is the directing mind do not oppose the making of this order;

      AND WHEREAS 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 Orders is adjourned to June 2, 2008;

      IT IS ORDERED that the Temporary 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 June 2, 2008, or until further order of this Commission;

      DATED at Toronto this 31st day of March, 2008.


“Wendell S. Wigle”
Wendell S. Wigle, Q.C.
“David L. Knight”
David L. Knight, FCA