IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
- AND -
TBS NEW MEDIA INC., TBS NEW MEDIA PLC, CNF FOOD CORP., CNF CANDY
CORP., ARI JONATHAN FIRESTONE and MARK GREEN
(Section 127 of the Securities Act)
WHEREAS on September 3, 2010, 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, as amended (the "Act") accompanied by a Statement of Allegations dated September 3, 2010, issued by Staff of the Commission (“Staff”) with respect to TBS New Media Inc. (“TBS”), TBS New Media PLC (“TBS PLC”), CNF Food Corp. (“CNF Food”), CNF Candy Corp. (“CNF Candy”), Ari Jonathan Firestone (“Firestone”) and Mark Green (“Green”), collectively the “Respondents”;
AND WHEREAS the Notice of Hearing stated that a hearing would be held at the offices of the Commission on September 8, 2010;
AND WHEREAS on September 8, 2010, Staff confirmed that the Commission had received the affidavit of Charlene Rochman sworn September 7, 2010 which indicated that service of the Notice of Hearing and Statement of Allegations was attempted on all Respondents personally, electronically, through their counsel or at their last known address;
AND WHEREAS on September 8, 2010, Staff and counsel for TBS, TBS PLC, CNF Food, CNF Candy and Firestone attended the hearing and no one appeared on behalf of Green;
AND WHEREAS on September 8, 2010, counsel for TBS, TBS PLC, CNF Food, CNF Candy and Firestone requested that the hearing be adjourned and a pre-hearing conference scheduled;
AND WHEREAS on September 9, 2010, Staff issued an amended Statement of Allegations to amend the respondent named as “TBS New Media Inc.” to “TBS New Media Ltd.”;
IT IS ORDERED that the hearing is adjourned to October 21, 2010 at 11:00 a.m. for a confidential pre-hearing conference.
DATED at Toronto this 14th day of September, 2010.
James E. A. Turner