Order: In the Matter of Peter Sabourin et al.

Order

 

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

- and -

PETER SABOURIN, W. JEFFREY HAVER, GREG IRWIN,
PATRICK KEAVENEY, SHANE SMITH, ANDREW LLOYD,
SANDRA DELAHAYE, SABOURIN AND SUN INC.,
SABOURIN AND SUN (BVI) INC., SABOURIN AND SUN
GROUP OF COMPANIES INC., CAMDETON TRADING LTD.
and CAMDETON TRADING S.A.

O R D E R
(Subsection 127(7) of the Securities Act)

      WHEREAS on December 7, 2006, the Ontario Securities Commission (the “Commission”) ordered pursuant to subsections 127(1) and (5) of the Securities Act, R.S.O. 1990, c. S.5., as amended, that all trading in securities by and of Peter Sabourin, W. Jeffrey Haver, Greg Irwin, Patrick Keaveney, Shane Smith, Andrew Lloyd, Sandra Delahaye, Sabourin and Sun Inc., Sabourin and Sun (BVI) Inc., Sabourin and Sun Group of Companies Inc., Camdeton Trading Ltd. and Camdeton Trading S.A. (the “Respondents”) cease, and that any exemptions contained in Ontario securities law do not apply to the Respondents (the “Temporary Order”);

      AND WHEREAS on December 7, 2006, the Commission issued a Notice of Hearing and Statement of Allegations in this matter;

      AND WHEREAS on December 20, 2006, the respondents Peter Sabourin, W. Jeffrey Haver, Greg Irwin, Patrick Keaveney, Shane Smith, Andrew Lloyd, Sandra Delahaye, and Sabourin and Sun Inc. consented to a continuation of the Temporary Order;

      AND WHEREAS on December 20, 2006, no one appeared for Sabourin and Sun (BVI) Inc., Sabourin and Sun Group of Companies Inc., Camdeton Trading Ltd. and Camdeton Trading S.A.;

      AND WHEREAS the Respondents undertook to keep investors advised of the Temporary Order through notices to be displayed prominently on each of the home pages of websites operated by the Respondents, including www.nickelandsun.com, www.sabourinandsun.com and www.camdetontrading.com, until June 14, 2007 or further order of the Commission;

      AND WHEREAS on December 20, 2006, the Commission ordered that the Temporary Order be continued until June 14, 2007 or until further order of the Commission;

      AND WHEREAS on December 20, 2006, the Commission ordered that Sandra Delahaye be permitted to trade in securities for her own account or for the account of a registered retirement savings plan or registered retirement income fund (as defined in the Income Tax Act (Canada)) in which she has legal and beneficial ownership and interest on the conditions that she do so only through her accounts 59E-74OR-O or 59E-74ON-O at Raymond James Ltd., in her name only, and that she provide monthly statements for both accounts to Staff of the Commission;

      AND WHEREAS on December 20, 2006, the Commission ordered that W. Jeffrey Haver be permitted to trade in securities for his own account or for the account of a registered retirement savings plan or registered retirement income fund (as defined in the Income Tax Act (Canada)) in which he has legal and beneficial ownership and interest on the conditions that he do so only through his accounts 258108519 at GRS Securities Inc. or 555-32965 at Scotia McLeod Direct Investing, a division of Scotia Capital Inc., in his name only, and that he provide monthly statements for both accounts to Staff of the Commission;

      AND WHEREAS on June 14, 2007, the Commission heard submissions from Commission Staff and counsel for Peter Sabourin, W. Jeffrey Haver, Greg Irwin, Patrick Keaveney, Shane Smith, Andrew Lloyd and Sandra Delahaye, no one appearing for Sabourin and Sun Inc., Sabourin and Sun (BVI) Inc., Sabourin and Sun Group of Companies Inc., Camdeton Trading Ltd. and Camdeton Trading S.A.;

      AND WHEREAS on June 14, 2007, the Commission ordered that the hearing of this matter shall commence on Wednesday, April 2, 2008 and shall continue until Wednesday, April 30, 2008 if necessary, but for April 8, 15, 21 and 29, 2008;

      AND WHEREAS on June 14, 2007, the Commission ordered that the Temporary Order is continued until the commencement of the hearing, or until further order of the Commission;

      AND WHEREAS on June 14, 2007, the Commission ordered that Sandra Delahaye is permitted to trade in securities for her own account or for the account of a registered retirement savings plan or registered retirement income fund (as defined in the Income Tax Act (Canada)) in which she has legal and beneficial ownership and interest on the conditions that she do so only through her accounts 59E-74OR-O or 59E-74ON-O at Raymond James Ltd., in her name only, and that she provide monthly statements for both accounts to Staff of the Commission;

      AND WHEREAS on June 14, 2007, the Commission ordered that W. Jeffrey Haver is permitted to trade in securities for his own account or for the account of a registered retirement savings plan or registered retirement income fund (as defined in the Income Tax Act (Canada)) in which he has legal and beneficial ownership and interest on the conditions that he do so only through his accounts 258108519 at GRS Securities Inc. or 555-32965 at Scotia McLeod Direct Investing, a division of Scotia Capital Inc., in his name only, and that he provide monthly statements for both accounts to Staff of the Commission;

      AND WHEREAS on June 14, 2007, the Commission ordered that the Respondents shall keep investors advised of this order through notices to be displayed prominently on each of the home pages of websites operated by the Respondents, including www.nickleandsun.com, www.sabourinandsun.com and www.camdetontrading.com, until the commencement of the hearing, or until further order of the Commission;

      AND WHEREAS on June 14, 2007, the Commission ordered that Staff of the Commission shall not be required to serve nor otherwise advise the respondents Sabourin and Sun Inc., Sabourin and Sun (BVI) Inc., Sabourin and Sun Group of Companies Inc., Camdeton Trading Ltd. and Camdeton Trading S.A. of any further steps in this proceeding;

      AND WHEREAS on November 8, 2007, Patrick Keaveney provided Notice of Intention to Act in Person;

      AND WHEREAS on January 14, 2008, W. Jeffrey Haver provided Notice of Intention to Act in Person;

      AND WHEREAS on January 24, 2008, Peter Copeland, counsel for Sabourin, brought a written motion for leave to withdraw as counsel of record for Sabourin;

      AND WHEREAS on January 30, 2008, the Commission ordered that leave for the withdrawal of Peter Copeland as counsel of record for Sabourin is granted;

      AND WHEREAS at a pre-hearing conference on March 7, 2008, the Commission ordered that the hearing on the merits in this matter shall commence on April 7, 2008;

      AND WHEREAS we are of the opinion that it is in the public interest to make this Order;

      IT IS HEREBY ORDERED that the Temporary Order, as amended by the order of June 14, 2007, is continued until the hearing is completed and the decision released or until further order of the Commission.


DATED at Toronto this 7th day of April, 2008.


“James E.A. Turner”
James E.A. Turner


“David L. Knight”
“Carol S. Perry”
David L. Knight, FCA
Carol S. Perry