Order: In the Matter of Bigfoot Recreation & Ski Area Ltd. and Ronald Stephen McHaffie

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

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IN THE MATTER OF
BIGFOOT RECREATION & SKI AREA LTD. and
RONALD STEPHEN MCHAFFIE

ORDER
(Subsections 127(1) and 127(10) of the Securities Act)



WHEREAS on September 22, 2014, the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to subsections 127(1) and 127(10) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the “Act”) in respect of Bigfoot Recreation & Ski Area Ltd. (“Bigfoot”) and Ronald Stephen McHaffie (“McHaffie”) (collectively, the “Respondents”);

AND WHEREAS on September 22, 2014, Staff of the Commission (“Staff”) filed a Statement of Allegations in respect of the same matter;

AND WHEREAS on October 24, 2014, Staff appeared before the Commission and brought an application to convert this matter to a written hearing;

AND WHEREAS on October 24, 2014, Staff filed an affidavit of service sworn by Lee Crann, a Law Clerk with the Commission, which documented steps taken by Staff to serve the Respondents with the Notice of Hearing, Statement of Allegations and Staff’s disclosure materials, and made submissions to the Commission;

AND WHEREAS the Respondents did not appear;

AND WHEREAS on October 24, 2014, the Commission ordered that:

  1. the Respondents shall advise of any objections they have to proceeding by way of written hearing within 5 days following service of the October 24, 2014 order; and
  2. once Staff has advised the Office of the Secretary that the period for objections has passed, the Commission will issue an order addressing Staff’s application;

AND WHEREAS both of the Respondents received service of the October 24, 2014 order no later than November 4, 2014;

AND WHEREAS Staff received no communication from the Respondents in relation to Staff’s application to proceed by way of written hearing within the time allotted by the Commission’s Rules of Procedure;

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

IT IS HEREBY ORDERED THAT:

  1. Staff’s application to proceed by way of written hearing is granted;
  2. Staff’s materials in respect of the written hearing shall be served and filed no later than 10 days following the issuance of this order;
  3. the Respondents’ responding materials, if any, shall be served and filed no later than 4 weeks from the effective date of service of Staff’s materials; and
  4. Staff’s reply materials, if any, shall be served and filed no later than 2 weeks from effective date of service of the Respondents’ materials.

DATED at Toronto this 19th day of November, 2014.

 



" Mary G. Condon"
Mary G. Condongod