Order: In the Matter of Irwin Boock et al.

Order




IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 as amended

- AND -

IN THE MATTER OF
IRWIN BOOCK, STANTON DEFREITAS, JASON WONG,
SAUDIA ALLIE, ALENA DUBINSKY, ALEX KHODJIAINTS
SELECT AMERICAN TRANSFER CO.,
LEASESMART, INC., ADVANCED GROWING SYSTEMS, INC.,
INTERNATIONAL ENERGY LTD., NUTRIONE CORPORATION,
POCKETOP CORPORATION, ASIA TELECOM LTD.,
PHARM CONTROL LTD., CAMBRIDGE RESOURCES CORPORATION,
COMPUSHARE TRANSFER CORPORATION,
FEDERATED PURCHASER, INC., TCC INDUSTRIES, INC., FIRST NATIONAL
ENTERTAINMENT CORPORATION, WGI HOLDINGS, INC.
and ENERBRITE TECHNOLOGIES GROUP

ORDER



WHEREAS on October 16, 2008, the Ontario Securities Commission (the “Commission”) commenced the within proceeding by issuing a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”);

AND WHEREAS on October 14, 2009, Staff of the Commission (“Staff”) brought a disclosure motion (the “Motion”) regarding the Respondent, Irwin Boock (“Boock”);

AND WHEREAS the Motion was heard by the Commission on October 21, 2009, November 2 and 20, 2009 and January 8, 2010;

AND WHEREAS on December 10, 2009, the Commission ordered that the hearing on the merits of this matter (“Hearing on the Merits”) shall commence on February 1, 2010;

AND WHEREAS on January 29, 2010, the Commission ordered that the Hearing on the Merits be adjourned sine die pending the release of the Commission’s decision on the Motion;

AND WHEREAS on February 9, 2010, the Commission issued a decision on the Motion (the “Disclosure Decision”);

AND WHEREAS Boock has commenced an Application for Judicial Review of the Disclosure Decision before the Superior Court of Justice (Divisional Court) (“JR Application”);

AND WHEREAS counsel for Boock confirms that the Divisional Court has advised that it is expected that the JR Application can be heard in advance of the date scheduled for the commencement of the Hearing on the Merits;

AND WHEREAS Staff consent to an order granting an interim stay of the Disclosure Decision until September 13, 2010, pending the determination of the JR Application;

AND WHEREAS, in the circumstances, the Commission is of the opinion that it is in the public interest to make this order;

IT IS ORDERED THAT:

  1. the Disclosure Decision be stayed until the earlier of the date of a decision on the merits in the JR Application or September 13, 2010, or until such further date as ordered by the Commission;
  2. the parties shall attend at the offices of the Commission on September 13, 2010 at 9:00 a.m. to advise the Commission of the status of the JR Application and of any outstanding issues that need to be resolved in advance of the Hearing on the Merits; and
  3. the Hearing on the Merits shall commence on October 18, 2010 and, excluding October 26, 2010, shall continue for three weeks until November 5, 2010 and thereafter on such dates as may be agreed by the parties and determined by the Office of the Secretary.

Dated at Toronto this 24th day of February, 2010

 

 

" James E. A. Turner "
James E. A. Turner