IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
IN THE MATTER OF
LANDBANKERS INTERNATIONAL MX, S.A. DE C.V.;
SIERRA MADRE HOLDINGS MX, S.A. DE C.V.;
L&B LANDBANKING TRUST S.A. DE C.V.;
BRIAN J. WOLF ZACARIAS;
ROGER FERNANDO AYUSO LOYO;
ALAN HEMINGWAY; KELLY FRIESEN;
SONJA A. MCADAM; ED MOORE; KIM MOORE;
JASON ROGERS; AND DAVE URRUTIA
(Sections 127(1) and (7))
WHEREAS on March 27, 2008, the Commission issued an order pursuant to subsections 127(1) and (5) of the Securities Act, R.S.O. 1990, c. S.5 (the "Temporary Order"), which ordered that the Temporary Order shall expire on the 15th day after its making unless extended by an order of the Commission;
AND WHEREAS on March 28, 2008, the Commission issued a Notice of Hearing to consider, among other things, the extension of the Temporary Order to be held on April 9, 2008 at 2:00 p.m.
AND WHEREAS Staff of the Commission ("Staff") made reasonable efforts to serve the respondents LandBankers International MX, S.A. de C.V. ("LandBankers"); Sierra Madre Holdings MX, S.A. de C.V. ("Sierra Madre"); L&B Landbanking Trust S.A. de C.V. ("L&B LandBanking Trust"); Brian J. Wolf Zacarias; Roger Fernando Ayuso Loyo; Alan Hemingway; Kelly Friesen; Sonja A. McAdam; Ed Moore; Kim Moore; Jason Rogers; and Dave Urrutia (collectively, the "Respondents"), with a certified copy of the Temporary Order and a Notice of Hearing at all known postal addresses as well as electronic mail addresses and fax numbers as evidenced by the Affidavits of Maria Montalto sworn April 9, 2008.
AND WHEREAS Staff delivered a copy of the certified copy of the Temporary Order and the Notice of Hearing to Kelly Friesen and Sonja A. McAdam by courier;
AND WHEREAS on April 14, 2008, the Commission ordered that the Temporary Order be extended to May 8, 2008;
AND WHEREAS on May 8, 2008, the Commission ordered that the Temporary Order be further extended to November 11, 2008 at 2:30 p.m. and the hearing in this matter was adjourned to September 2, 2008 at 2:30 p.m. for Staff to provide an update respecting the proceedings in the other provinces and in Ontario;
AND WHEREAS on September 2, 2008, the hearing of this matter was adjourned to November 11, 2008.
AND WHEREAS on November 11, 2008, the Commission ordered that the Temporary Order be extended to May 13, 2009 and the hearing of this matter was adjourned to May 12, 2009;
AND WHEREAS on May 12, 2009, a hearing was held before the Commission;
AND UPON HEARING the submissions from counsel for Staff, no one appearing for Landbankers, Sierra Madre, L&B LandBanking Trust, Brian J. Wolf Zacarias, Roger Fernando Ayuso Loyo, Alan Hemingway, Kelly Friesen, Sonja A. McAdam, Ed Moore, Kim Moore, Jason Rogers, or Dave Urrutia.
AND UPON reading the consent of counsel for LandBankers, Sierra Madre, L&B LandBanking Trust and Brian J. Wolf Zacarias;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED THAT:
1. the hearing in this matter is adjourned sine die;
2. the Temporary Order is extended until further order of the Commission; and
3. any party may return this matter before the Commission on reasonable notice.
DATED at Toronto this 17th day of June, 2009.
"James E.A. Turner"