IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
IN THE MATTER OF
WHEREAS on October 14, 2008, the Commission issued a Notice of Hearing pursuant to section 127 of the Securities Act (the "Act") in respect of a breach of an Order of the Ontario Securities Commission (the "Commission") by Shawn Lesperance ("Lesperance");
AND WHEREAS on August 31, 2009, Staff of the Commission filed a Statement of Allegations;
AND WHEREAS Shawn Lesperance entered into a Settlement Agreement dated September 1, 2009, (the "Settlement Agreement") in relation to the matters set out in the Statement of Allegations;
AND WHEREAS the Commission issued a Notice of Hearing dated August 31, 2009, setting out that it proposed to consider the Settlement Agreement;
UPON reviewing the Settlement Agreement, the Notice of Hearing, the Statement of Allegations, and upon considering submissions from Shawn Lesperance through his counsel and from Staff of the Commission;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;
IT IS HEREBY ORDERED THAT:
(1) The Settlement Agreement dated September 1, 2009, between Staff of the Commission and Lesperance is approved;
(2) Pursuant to s. 127(1)2, Lesperance is prohibited for 3 years from trading in securities, subject to the exception that he may continue to trade on his own behalf exclusively in a registered retirement savings plan account;
(3) Pursuant to s. 127(1)8, Lesperance is prohibited for 3 years from becoming or acting as a director or officer of any issuer; and,
(4) Pursuant to s. 127.1(1), Lesperance is to pay costs of the investigation of this matter to the Commission in the amount of $1000.00 within one week of the date of the order.
Dated at Toronto, Ontario this 2nd day of September, 2009.
"Patrick J. LeSage"