Securities Law & Instruments

IN THE MATTER OF

THE SECURITIES ACT,

R.S.O. 1990, c. S.5, AS AMENDED

AND

IN THE MATTER OF

ALLAN MCCAFFREY

 

ORDER

WHEREAS on September 28, 2007, the Commission issued a Notice of Hearing pursuant to section 127 of the Securities Act (the "Act") in respect of the trading of securities in Imagin Diagnostic Centres Inc. ("Imagin") by Allan McCaffrey;

AND WHEREAS on September 27, 2007 Staff of the Commission filed a Statement of Allegations;

AND WHEREAS Allan McCaffrey entered into a Settlement Agreement dated January 15, 2009 (the "Settlement Agreement") in relation to the matters set out in the Statement of Allegations;

AND WHEREAS the Commission issued a Notice of Hearing dated January 15, 2009, setting out that it proposed to consider the Settlement Agreement;

UPON reviewing the Settlement Agreement, the Notice of Hearing, the Statement of Allegations, and upon considering submissions from Allan McCaffrey through his agent and from Staff of the Commission;

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

IT IS HEREBY ORDERED, PURSUANT TO SECTION 127 OF THE ACT, THAT :

1. The Settlement Agreement dated January 15, 2009, between Staff of the Commission and Allan McCaffrey is approved;

2. The Respondent is prohibited for ten years from becoming or acting as a director or officer of any issuer, registrant or investment fund manager commencing on the date of this order;

3. The Respondent is prohibited for ten years from becoming or acting as a registrant commencing on the date of this order; and,

4. The Respondent is to pay an administrative penalty of $15,000 to be allocated under s. 3.4(2)(b) of the Act to or for the benefit of third parties.

Dated at Toronto, Ontario this 16th day of January, 2009.

"Suresh Thakrar"

"Kevin J. Kelly"