IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
- AND -
IN THE MATTER OF HEIR HOME EQUITY INVESTMENT REWARDS INC.; FFI
FIRST FRUIT INVESTMENTS INC.; WEALTH BUILDING MORTGAGES INC.;
ARCHIBALD ROBERTSON; ERIC DESCHAMPS; CANYON ACQUISITIONS, LLC;
CANYON ACQUISITIONS INTERNATIONAL, LLC; BRENT BORLAND; WAYNE D.
ROBBINS; MARCO CARUSO; PLACENCIA ESTATES DEVELOPMENT, LTD.; COPAL
RESORT DEVELOPMENT GROUP, LLC; RENDEZVOUS ISLAND, LTD.; THE
PLACENCIA MARINA, LTD.; AND THE PLACENCIA HOTEL AND RESIDENCES LTD.
(Sections 127(1) and 127.1)
WHEREAS on March 29, 2011, 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”) in connection with a Statement of Allegations filed by Staff of the Commission (“Staff”) on March 29, 2011 in respect of HEIR Home Equity Investment Rewards Inc., FFI First Fruit Investments Inc., Wealth Building Mortgages Inc., Archibald Robertson, Eric Deschamps (collectively the “HEIR Respondents”) and Canyon Acquisitions, LLC, Canyon Acquisitions International, LLC, Brent Borland, Wayne D. Robbins, Marco Caruso, Placencia Estates Development, Ltd., Copal Resort Development Group, LLC, Rendezvous Island, Ltd., The Placencia Marina, Ltd. and The Placencia Hotel and Residences Ltd. (collectively the “Canyon Respondents”);
AND WHEREAS the Respondents were served with the Notice of Hearing and Statement of Allegations on March 29 and 30, 2011 and April 5, 2011;
AND WHEREAS the Notice of Hearing provided that a hearing would be held at the offices of the Commission on April 27, 2011;
AND WHEREAS counsel for the Canyon Respondents wished to attend the hearing but was not available on April 27, 2011;
AND WHEREAS, on consent of all parties, on April 20, 2011, the Commission ordered that the hearing scheduled to commence on April 27, 2011 was rescheduled to commence on May 17, 2011 at 11:00 a.m. or as soon thereafter as the hearing can be held;
AND WHEREAS on May 17, 2011, Staff and counsel for the Respondents attended before the Commission for a first appearance on this matter;
AND WHEREAS at the first attendance, counsel from Borden Ladner Gervais LLP attended on behalf of all of the HEIR Respondents;
AND WHEREAS at the first attendance, counsel from Cassels Brock & Blackwell LLP attended on behalf of all of the Canyon Respondents;
AND WHEREAS Staff submitted that the hearing on the merits should be scheduled at a future pre-hearing conference or at a subsequent attendance;
AND WHEREAS, if necessary, the parties may contact the Office of the Secretary to schedule a confidential pre-hearing conference;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED that the hearing is adjourned to June 28, 2011 at 10:00 a.m., or to such other date as may be agreed to by the parties and fixed by the Office of the Secretary, for the purpose of addressing scheduling and any other procedural matters or for such other purposes as may be requested.
DATED at Toronto this 17th day of May, 2011.