R.S.O. 1990, c. S.5, AS AMENDED
- and -
BOREALIS INTERNATIONAL INC., SYNERGY GROUP (2000) INC.,
INTEGRATED BUSINESS CONCEPTS INC., CANAVISTA CORPORATE
SERVICES INC., CANAVISTA FINANCIAL CENTER INC.,
SHANE SMITH, ANDREW LLOYD, PAUL LLOYD,
VINCE VILLANTI, LARRY HALIDAY, JEAN BREAU,
JOY STATHAM, DAVID PRENTICE, LEN ZIELKE,
JOHN STEPHAN, RAY MURPHY, ALEXANDER POOLE,
DEREK GRIGOR and EARL SWITENKY
TEMPORARY ORDER
(Sections 127(1) and (5))
WHEREAS it appears to the Ontario Securities Commission (the “Commission”) that:
- The individual respondents are Canadian
residents;
- The corporate respondents are neither reporting
issuers nor registrants in Ontario;
- With the exception of Alexander Poole (“Poole”),
none of the respondents is registered with the
Commission to trade in securities;
- The respondents have traded in investments which
appear to be “securities” as defined in section
1(1)(n) of the Securities Act, R.S.O., 1990
c.S.5, as amended (the “Act”);
- Staff are conducting an investigation of the
respondents. Based on Staff’s investigation to date,
it appears that:
- the respondents have traded in securities
and participated in unlawful distributions of
securities, contrary to sections 25 and 53 of
the Act; and
- certain directors or officers, including
de facto directors and officers, have
authorized, permitted or acquiesced in
non-compliance with Ontario securities law;
- the respondents have traded in securities
and participated in unlawful distributions of
securities, contrary to sections 25 and 53 of
the Act; and
- Borealis International Inc., Synergy Group
(2000) Inc., Len Zielke, David Prentice, Shane
Smith, Derek Grigor and Earl Switenky are
respondents in a proceeding and subject to cease
trade orders issued by the Alberta Securities
Commission;
- It further appears that Shane Smith and Andrew
Lloyd have breached Orders of the Commission dated
December 7, 2006, December 20, 2006 and June 14,
2007; and
- The Commission is of the opinion that it is in the public interest to make this order and that the time required to conclude a hearing could be prejudicial to the public interest.
IT IS ORDERED pursuant to section 127(5) of the Act that:
- pursuant to clause 2 of section 127(1), all
trading in securities of the respondents, with the
exception of Poole, shall cease;
- pursuant to clause 2 of section 127(1), trading
in any securities by the respondents, with the
exception of Poole, shall cease;
- pursuant to clause 3 of section 127(1), any
exemptions contained in Ontario securities law do
not apply to the respondents, with the exception of
Poole; and
- pursuant to clause 1 of section 127(1), the following terms and conditions are imposed on Poole’s registration: Poole shall be subject to monthly supervision by his sponsoring firm which, commencing November 30, 2007, will submit monthly supervision reports to the Commission (attention: Manager, Registrant Regulation) in a form specified by the Manager, Registrant Regulation, reporting details of Poole’s sales activities and dealings with clients.
DATED at Toronto this 15th day of November, 2007.
W. David Wilson
R.S.O. 1990, c. S.5, AS AMENDED
- and -
BOREALIS INTERNATIONAL INC., SYNERGY GROUP (2000) INC.,
INTEGRATED BUSINESS CONCEPTS INC., CANAVISTA CORPORATE
SERVICES INC., CANAVISTA FINANCIAL CENTER INC.,
SHANE SMITH, ANDREW LLOYD, PAUL LLOYD,
VINCE VILLANTI, LARRY HALIDAY, JEAN BREAU,
JOY STATHAM, DAVID PRENTICE, LEN ZIELKE,
JOHN STEPHAN, RAY MURPHY, ALEXANDER POOLE,
DEREK GRIGOR and EARL SWITENKY
ORDER
(Sections 127(7))
WHEREAS on November 15, 2007, the Ontario Securities Commission (the “Commission”) made an order pursuant to sections 127(1) and (5) of the Securities Act, R.S.O. 1990, c.S.5., as amended, in respect of Borealis International Inc. (“Borealis”), Synergy Group (2000) Inc. (“Synergy”), Integrated Business Concepts Inc. (“IBC”), Canavista Corporate Services Inc. (“Canavista Corporate”), Canavista Financial Center Inc. (“Canavista Financial”), Shane Smith (“Smith”), Andrew Lloyd, Paul Lloyd, Vince Villanti (“Villanti”), Larry Haliday (“Haliday”), Jean Breau (“Breau”), Joy Statham (“Statham”), David Prentice (“Prentice”), Len Zielke (“Zielke”), John Stephan (“Stephan”), Ray Murphy (“Murphy”), Derek Grigor (“Grigor”), Earl Switenky (“Switenky”) and Alexander Poole (“Poole”) (the “Respondents”) that all trading in securities by and of the Respondents, with the exception of Poole, cease, and that any exemptions contained in Ontario securities law do not apply to the Respondents, with the exception of Poole (the “Temporary Order”);
AND WHEREAS the Temporary Order also provided that pursuant to clause 1 of section 127(1), the following terms and conditions are imposed on Poole’s registration: Poole shall be subject to monthly supervision by his sponsoring firm which, commencing November 30, 2007, will submit monthly supervision reports to the Commission (attention: Manager, Registrant Regulation) in a form specified by the Manager, Registrant Regulation, reporting details of Poole’s sales activities and dealings with clients;
AND WHEREAS on November 15, 2007, the Commission issued a Notice of Hearing and Statement of Allegations in this matter;
AND UPON HEARING submissions from counsel for Staff of the Commission and from counsel for Borealis, Synergy, IBC, Smith, Villanti, Haliday and Breau and from Paul Lloyd on his own behalf and on behalf of Canavista Financial, no one appearing for Canavista Corporate, Andrew Lloyd, Statham, Prentice, Zielke, Stephan, Murphy, Grigor, Switenky and Poole;
AND WHEREAS Borealis, Synergy, IBC, Canavista Financial, Smith, Villanti, Haliday, Breau, Paul Lloyd, Zielke, Grigor and Switenky consent to a continuation of the Temporary Order until January 11, 2008;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED THAT:
- the Temporary Order is continued in respect of
the Respondents, except Borealis, Synergy, IBC,
Canavista Financial, Smith, Villanti, Haliday,
Breau, Paul Lloyd, Zielke, Grigor and Switenky,
until May 27, 2008 or until further order of the
Commission;
- in respect of Borealis, Synergy, IBC, Canavista
Financial, Smith, Villanti, Haliday, Breau, Paul
Lloyd, Zielke, Grigor and Switenky, the Temporary
Order is continued until January 11, 2008;
- this matter shall return before the Commission
on January 11, 2008 at 10:00 a.m.; and
- any websites operated by the Respondents,
including:
http://www.borealisfinancial.com
http://www.borealisglobal.com
http://www.borealisglobal.com/synergy.htm
http://www.synergygroup2000.com/Borealis.htm
http://www.synergygroup2000.com
http://www.synergywestcoast.com
http://www.synergygroupbc.com
http://synergyadvisorforums.com
http://www.canavista.ca
http://www.ibc101.com
shall forthwith display the Temporary Order and this Order prominently and continuously on the home page until further order of the Commission.
DATED at Toronto this 28th
day of November, 2007.
|
" Wendell S. Wigle "
Wendell S. Wigle, Q.C. |
" David L. Knight "
“David L. Knight |
BOREALIS INTERNATIONAL INC., SYNERGY GROUP (2000) INC.,
INTEGRATED
BUSINESS CONCEPTS INC., CANAVISTA CORPORATE SERVICES
INC.,
CANAVISTA FINANCIAL CENTER INC.,
SHANE SMITH, ANDREW LLOYD, PAUL LLOYD,
VINCE VILLANTI, LARRY HALIDAY, JEAN BREAU,
JOY STATHAM, DAVID PRENTICE, LEN ZIELKE,
JOHN STEPHAN, RAY MURPHY, ALEXANDER POOLE,
DEREK GRIGOR and EARL SWITENKY
ORDER
(Sections 127(7))
WHEREAS on November 15, 2007, the Ontario Securities Commission (the “Commission”) made an order pursuant to sections 127(1) and (5) of the Securities Act, R.S.O. 1990, c. S.5., as amended, in respect of Borealis International Inc. (“Borealis”), Synergy Group (2000) Inc. (“Synergy”), Integrated Business Concepts Inc. (“IBC”), Canavista Corporate Services Inc. (“Canavista Corporate”), Canavista Financial Center Inc. (“Canavista Financial”), Shane Smith (“Smith”), Andrew Lloyd, Paul Lloyd, Vince Villanti (“Villanti”), Larry Haliday (“Haliday”), Jean Breau (“Breau”), Joy Statham (“Statham”), David Prentice (“Prentice”), Len Zielke (“Zielke”), John Stephan (“Stephan”), Ray Murphy (“Murphy”), Derek Grigor (“Grigor”), Earl Switenky (“Switenky”) and Alexander Poole (“Poole”) (the “Respondents”) that all trading in securities by and of the Respondents, with the exception of Poole, cease, and that any exemptions contained in Ontario securities law do not apply to the Respondents, with the exception of Poole (the “Temporary Order”);
AND WHEREAS the Temporary Order also provided that pursuant to clause 1 of section 127(1), the following terms and conditions are imposed on Poole’s registration: Poole shall be subject to monthly supervision by his sponsoring firm which, commencing November 30, 2007, will submit monthly supervision reports to the Commission (attention: Manager, Registrant Regulation) in a form specified by the Manager, Registrant Regulation, reporting details of Poole’s sales activities and dealings with clients;
AND WHEREAS on November 15, 2007, the Commission issued a Notice of Hearing and Statement of Allegations in this matter;
AND WHEREAS on November 28, 2007, the Commission ordered that the Temporary Order be continued in respect of the Respondents, except Borealis, Synergy, IBC, Canavista Financial, Smith, Villanti, Haliday, Breau, Paul Lloyd, Zielke, Grigor and Switenky, until May 27, 2008;
AND WHEREAS on November 28, 2007, the Commission ordered that in respect of Borealis, Synergy, IBC, Canavista Financial, Smith, Villanti, Haliday, Breau, Paul Lloyd, Zielke, Grigor and Switenky, the Temporary Order be continued until January 11, 2008;
AND UPON HEARING submissions from Paul Lloyd on behalf of Canavista Financial and his on own behalf and from counsel for Staff of the Commission and from counsel for Borealis, Synergy, IBC, Smith, Villanti, Haliday and Breau, no one appearing for Zielke, Grigor and Switenky;
AND UPON REVIEWING a letter dated January 9, 2008 from Switenky and a letter dated January 10, 2008 from Zielke;
AND WHEREAS Paul Lloyd, Canavista Financial, Borealis, Synergy, IBC, Smith, Villanti, Haliday, and Breau consent to a continuation of the Temporary Order until May 27, 2008;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED THAT:
- in respect of the Respondents, the Temporary Order
is continued until May 27, 2008 or until further order
of the Commission;
- this matter shall return before the Commission on
May 27, 2008 at 2:30 p.m.; and
- any websites operated by the Respondents, including:
http://www.borealisfinancial.com
http://www.borealisglobal.com
http://www.borealisglobal.com/synergy.htm
http://www.synergygroup2000.com/Borealis.htm
http://www.synergygroup2000.com
http://www.synergywestcoast.com
http://www.synergygroupbc.com
http://synergyadvisorforums.com
http://www.canavista.ca
http://www.ibc101.com
shall forthwith display the Temporary Order, the Order dated November 28, 2007 and this Order prominently and continuously on the home page until further order of the Commission.
DATED at Toronto this 11th day of January, 2008.
|
" Wendell S. Wigle "
Wendell S. Wigle, Q.C. |
" David L. Knight "
David L. Knight, FCA |
IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c. S.5, AS AMENDED
- and -
BOREALIS INTERNATIONAL INC., SYNERGY GROUP (2000) INC.,
INTEGRATED
BUSINESS CONCEPTS INC., CANAVISTA CORPORATE SERVICES INC.,
CANAVISTA FINANCIAL CENTER INC.,
SHANE SMITH, ANDREW LLOYD, PAUL LLOYD,
VINCE VILLANTI, LARRY HALIDAY, JEAN BREAU,
JOY STATHAM, DAVID PRENTICE, LEN ZIELKE,
JOHN STEPHAN, RAY MURPHY, ALEXANDER POOLE,
DEREK GRIGOR, EARL SWITENKY,
MICHELLE DICKERSON, DEREK DUPONT,
BARTOSZ EKIERT, ROSS MACFARLANE, BRIAN NERDAHL,
HUGO PITTOORS and LARRY TRAVIS
ORDER
(Sections 127(1), (5) and (7))