Proceedings

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

AND

IN THE MATTER OF
INNOVATIVE GIFTING INC., TERENCE LUSHINGTON, Z2A CORP.,
and CHRISTINE HEWITT

ORDER
(Section 127)



WHEREAS on March 2, 2010, the Commission issued a Notice of Hearing to consider, inter alia, whether to make orders, pursuant to sections 127 and 127.1 of the Act, against Innovative Gifting Inc. (“IGI”), Terence Lushington (“Lushington”), Z2A Corp. (“Z2A”) and Christine Hewitt (“Hewitt”) (collectively the “Respondents”);

AND WHEREAS on March 2, 2010, Staff of the Commission issued a Statement of Allegations against the Respondents;

AND WHEREAS Staff served the Respondents with the Notice of Hearing dated March 2, 2010 and Staff’s Statement of Allegations dated March 2, 2010. Service by Staff was evidenced by the Affidavit of Service of Joanne Wadden, sworn on March 4, 2010, which was filed with the Commission;

AND WHEREAS on March 5, 2010, the Commission ordered that the hearing with respect to the matter be adjourned to April 12, 2010;

AND WHEREAS on April 12, 2010, counsel for Staff, counsel for IGI and Lushington, and counsel for Z2A and Hewitt appeared before the Commission and made submissions;

AND WHEREAS on April 13, 2010, the Commission issued an order that, inter alia, the hearing with respect to the Notice of Hearing dated March 2, 2010 be adjourned to July 21, 2010 at 10:00 a.m., at which time a pre-hearing conference will be held;

AND WHEREAS on July 21, 2010, a pre-hearing conference was commenced and counsel for Staff, counsel for IGI and Lushington, and counsel for Z2A and Hewitt appeared before the Commission and made submissions;

AND WHEREAS on July 21, 2010, the Commission issued an order that, inter alia, the hearing with respect to the Notice of Hearing dated March 2, 2010 be adjourned to September 9, 2010 at 10:00 a.m., at which time the pre-hearing conference will be continued;

AND WHEREAS on September 9, 2010, the pre-hearing conference was continued and counsel for Staff and counsel for IGI and Lushington appeared before the Commission and made submissions. Counsel for Z2A and Hewitt did not attend but counsel for Staff advised the Commission of counsel’s submissions;

AND WHEREAS on September 9, 2010, all counsel submitted that the hearing be adjourned;

AND WHEREAS on September 9, 2010, the Commission ordered, inter alia, that the hearing with respect to the Notice of Hearing dated March 2, 2010 be adjourned to November 4, 2010 at 3:00 p.m., at which time the confidential pre-hearing conference will be continued and dates will be fixed for the hearing on the merits in this matter;

AND WHEREAS on November 3, 2010, all parties requested, in writing, that the pre-hearing conference scheduled for November 4, 2010 be adjourned to 10:00 a.m. on December 6th, 2010 and at that time dates will be fixed for the hearing on the merits in this matter;

AND WHEREAS on November 4, 2010, the Commission ordered that, inter alia, the hearing with respect to the Notice of Hearing dated March 2, 2010 be adjourned to December 6th, 2010 at 10:00 a.m., at which time the confidential pre-hearing conference will be continued and dates will be fixed for the hearing on the merits in this matter;

AND WHEREAS on December 6, 2010, all parties attended the pre-hearing conference and all parties made submissions to the Commission;

AND WHEREAS on December 6, 2010 the Commission ordered the hearing on the merits in this matter to commence on May 2, 2011 and continue until May 16, 2011, with the exception that the hearing on the merits would not be heard on May 3, 2011;

AND WHEREAS on December 6, 2010, the Commission also scheduled Z2A and Hewitt to make a motion to the Commission on March 30, 2011 at 2:00 p.m for severance of the hearing as to the allegations relating to them;

AND WHEREAS on March 29, 2011, the Commission approved a Settlement Agreement dated March 24, 2011 between Staff and Lushington and IGI;

AND WHEREAS on April 26, 2011 counsel for Z2A and Hewitt (the “Remaining Respondents”) and Staff attended a pre-hearing conference at which time a motion was scheduled for April 28, 2011 at 11 a.m. before the panel scheduled to hear this matter on the merits, to hear the Remaining Respondents’ request to adjourn the hearing of this matter;

AND WHEREAS on April 28, 2011 the Remaining Respondents brought a motion before the panel scheduled to hear this matter on the merits to adjourn the hearing of this matter to a date after June 1, 2011, which motion was opposed by Staff;

AND UPON READING the Notice of Motion of the Remaining Respondents, the affidavit of Christine Hewitt sworn April 27, 2011 in support thereof and the affidavit of Lori Toledano sworn April 28, 2011 on behalf of Staff and upon hearing the submissions of counsel for the Remaining Respondents and counsel for Staff;

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

IT IS ORDERED that the hearing on the merits of this matter is adjourned to June 6, 2011 and shall continue until June 10, 2011 and, if necessary, shall continue on June 15 and 16, 2011, commencing each day at 10:00 a.m., with the exception of June 7, 2011, which hearing day will commence at 2:00 p.m. and continue until 5 p.m.

 

DATED at Toronto this 28th day of April, 2011.

" James D. Carnwath "
James D. Carnwath
" Margot C. Howard "
Margot C. Howard