IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
- AND -
IN THE MATTER OF THE COMMODITY FUTURES ACT,
R.S.O. 1990, c. C.20, AS AMENDED
- AND -
IN THE MATTER OF AXCESS AUTOMATION LLC,
AXCESS FUND MANAGEMENT, LLC, AXCESS FUND, L.P.,
GORDON ALAN DRIVER, DAVID RUTLEDGE, 6845941 CANADA INC. carrying on
business as ANESIS INVESTMENTS, STEVEN M. TAYLOR,
BERKSHIRE MANAGEMENT SERVICES INC. carrying on business as
INTERNATIONAL COMMUNICATION STRATEGIES, 1303066 ONTARIO LTD.
carrying on business as ACG GRAPHIC COMMUNICATIONS,
MONTECASSINO MANAGEMENT CORPORATION,
REYNOLD MAINSE, WORLD CLASS COMMUNICATIONS INC.
and RONALD MAINSE
(Sections 127 and 127.1 of the Securities Act
and Sections 60 and 60.1 of the Commodity Futures Act)
WHEREAS on August 12, 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, and sections 60 and 60.1 of the Commodity Futures Act, R.S.O. 1990, c. C.20, as amended, in relation to a Statement of Allegations of the same date filed by Staff of the Commission (“Staff”) in respect of Axcess Automation LLC (“Axcess Automation”), Axcess Fund Management, LLC (“Axcess Fund Management”), Axcess Fund, L.P. (“Axcess Fund”), Gordon Alan Driver (“Driver”), David Rutledge (“Rutledge”), 6845941 Canada Inc. (“6845941”) carrying on business as Anesis Investments (“Anesis”), Steven M. Taylor (“Taylor”), Berkshire Management Services Inc. (“Berkshire”) carrying on business as International Communication Strategies (“ICS”), 1303066 Ontario Ltd. (“1303066”) carrying on business as ACG Graphic Communications (“ACG”), Montecassino Management Corporation (“Montecassino”), Reynold Mainse (“Reynold”), World Class Communications Inc. (“WCC”) and Ronald Mainse (“Ronald”);
AND WHEREAS on August 13, 2010, the Commission approved settlement agreements between Staff and Ronald and between Staff and Rutledge and 68459541;
AND WHEREAS a hearing on the merits in this matter was held before the Commission on April 11, 13, 14, 15, 19 and 20, 2011 and May 25, 2011 with respect to the remaining respondents;
AND WHEREAS following the hearing on the merits, the Commission issued its Reasons and Decision with respect to the merits on September 27, 2012;
IT IS ORDERED THAT the hearing to determine sanctions and costs will be held at the offices of the Commission at 20 Queen Street West, Toronto, commencing on November 7, 2012 at 10:00 a.m.;
IT IS FURTHER ORDERED THAT upon the failure of any party to attend at the time and place aforesaid, the hearing may proceed in the absence of that party, and such party is not entitled to any further notice of the proceeding.
DATED at Toronto this 27th day of September, 2012.
|" Christopher Portner "
|" Paulette L. Kennedy "
Paulette L. Kennedy