Order: In the Matter of Energy Syndications Inc. et al.
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, as amended
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IN THE MATTER OF ENERGY SYNDICATIONS INC.,
GREEN SYNDICATIONS INC., SYNDICATIONS CANADA INC.,
DANIEL STRUMOS, MICHAEL BAUM
and DOUGLAS WILLIAM CHADDOCK
ORDER
(Sections 127 and 127.1 of the Securities Act)
WHEREAS on March 30, 2012, 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 relation to a Statement of Allegations filed by Staff of the Commission (“Staff”) on March 30, 2012 in respect of Energy Syndications Inc. (“Energy”), Green Syndications Inc. (“Green”), Syndications Canada Inc. (“Syndications”), Daniel Strumos, (“Strumos”), Michael Baum (“ Baum”), and Douglas William Chaddock (“Chaddock”) (collectively, the “Respondents”);
AND WHEREAS the Commission conducted a hearing on the merits with respect to the allegations against the Respondents on May 15, 16, 17, 22, 23 and 29, 2013 (the “ Merits Hearing”);
AND WHEREAS on June 20, 2013, the Commission issued its reasons and decision on the merits in this matter (the “Merits Decision”);
AND WHEREAS on June 20, 2013, the Commission ordered that: (i) Staff shall file and serve written submissions on sanctions and costs by July 10, 2013; (ii) the Respondents shall file and serve written submissions on sanctions and costs by July 31, 2013; (iii) Staff shall file and serve written reply submissions on sanctions and costs by August 14, 2013; (iv) the hearing to determine sanctions and costs will be held at the offices of the Commission at 20 Queen Street West, 17th floor, Toronto, on September 4, 2013, at 10:00 a.m., or such further or other dates as agreed by the parties and set by the Office of the Secretary; and (v) upon 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 (the “Sanctions and Costs Scheduling Order”);
AND WHEREAS on July 15, 2013, Strumos retained counsel to represent him in the sanctions and costs hearing;
AND WHEREAS on July 24, 2013, at the request of counsel for Strumos and with the consent of Chaddock, on his own behalf and on behalf of Energy, Green and Syndications, and of Staff, the Commission amended the Sanctions and Costs Scheduling Order by ordering that the date for the Respondents to file and serve written submissions on sanctions and costs is extended to August 16, 2013, and the date for Staff to file and serve reply written submissions on sanctions and costs is extended to August 26, 2013;
AND WHEREAS on August 16, 2013, Baum retained counsel to represent him in the sanctions and costs hearing;
AND WHEREAS on August 19, 2013, counsel for Baum requested that the date for Baum to file and serve written submissions on sanctions and costs be extended to August 30, 2013;
AND WHEREAS Chaddock, on his own behalf and on behalf of Energy, Green and Syndications, and counsel for Strumos, consent to the amended schedule;
AND WHEREAS Staff does not consent to the amended schedule, which may leave Staff insufficient time to file and serve written reply submissions before the Sanctions and Costs Hearing on September 4, 2013;
AND WHEREAS the Commission recognizes that the requested extension amendment leaves only a short time for Staff to file and serve its written reply submissions before the hearing, and also recognizes that the Commission’s Litigation Assistance Program (“LAP”), through which Strumos and Baum have retained counsel, is intended to provide counsel services to self-represented respondents who are involved in enforcement proceedings before the Commission;
IT IS ORDERED THAT the Sanctions and Costs Scheduling Order is amended as follows:
1. the time for the Respondents to file and serve written submissions on sanctions and costs is extended to 2:00 p.m. on August 29, 2013; and
2. Staff need not file and serve written reply submissions on sanctions and costs, but may give oral reply submissions at the Sanctions and Costs Hearing on September 4, 2013.
DATED at Toronto this 20th day of August, 2013.