IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
IN THE MATTER OF
FACTORCORP FINANCIAL INC., AND
MARK IVAN TWERDUN
(Section 127 of the Act)
WHEREAS on May 12, 2009 the Ontario Securities Commission (the "Commission") issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990 c. S.5, accompanied by a Statement of Allegations (the "Statement of Allegations") issued by Staff of the Commission on the same date against Factorcorp Inc., Factorcorp Financial Inc., and Mark Twerdun ("Twerdun");
AND WHEREAS on May 12, 2009 a temporary order was continued against Twerdun, as varied on October 26, 2007, until this proceeding is concluded and a decision of the Commission is rendered or until the Commission considers it appropriate;
AND WHEREAS Twerdun brought a motion for particulars by Notice of Motion dated September 25, 2009;
AND WHEREAS on October 5, 2009, Staff consented to an order that it provide a reply to the demand for particulars;
AND WHEREAS Staff provided a reply to the demand for particulars on November 2, 2009 with the agreement of Twerdun;
AND WHEREAS a motion date has been set for February 4, 2010 at the request of Twerdun to address an issue in respect of the cooperation of witnesses;
AND WHEREAS counsel for Staff and Twerdun agreed that this matter be adjourned for a pre-hearing conference on February 4, 2010 if the motion does not proceed;
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) A motion to be brought by Twerdun is set for February 4, 2010 at 10:00 a.m.; and
(2) This matter is adjourned until February 4, 2010 at 10:00 a.m., or such other date as determined by the Office of the Secretary, for the purpose of having a pre-hearing conference on that date.
DATED at Toronto, this 16th day of December 2009.
"David L. Knight"