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OSC Bulletin The Ontario Securities Commission OSC Bulletin December 25, 2009 Volume 32, Issue 52 (2009), 32 OSCB The Ontario Securities Commission administers the Securities Act of Ontario (R.S.O. 1990, c. S.5) and the Commodity Futures Act of Ontario (R.S.O. 1990, c. C.20) The Ontario Securities Commission Published under the authority of the Commission by: Cadillac Fairview Tower Carswell, a Thomson Reuters business Suite 1903, Box 55 One Corporate Plaza 20 Queen Street West 2075 Kennedy Road Toronto, Ontario Toronto, Ontario M5H 3S8 M1T 3V4 416-593-8314 or Toll Free 1-877-785-1555 416-609-3800 or 1-800-387-5164 Contact Centre - Inquiries, Complaints: Fax: 416-593-8122 Market Regulation Branch: Fax: 416-595-8940 Compliance and Registrant Regulation Branch - Compliance: Fax: 416-593-8240 - Registrant Regulation: Fax: 416-593-8283 Corporate Finance Branch - Team 1: Fax: 416-593-8244 - Team 2: Fax: 416-593-3683 - Team 3: Fax: 416-593-8252 - Insider Reporting: Fax: 416-593-3666 - Mergers and Acquisitions: Fax: 416-593-8177 Enforcement Branch: Fax: 416-593-8321 Executive Offices: Fax: 416-593-8241 General Counsel’s Office: Fax: 416-593-3681 Office of the Secretary: Fax: 416-593-2318 The OSC Bulletin is published weekly by Carswell, a Thomson Reuters business, under the authority of the Ontario Securities Commission. Subscriptions are available from Carswell at the price of $649 per year. Subscription prices include first class postage to Canadian addresses. Outside Canada, these airmail postage charges apply on a current subscription: U.S. $175 Outside North America $400 Single issues of the printed Bulletin are available at $20 per copy as long as supplies are available. Carswell also offers every issue of the Bulletin, from 1994 onwards, fully searchable on SecuritiesSource™, Canada’s pre-eminent web-based securities resource. SecuritiesSource™ also features comprehensive securities legislation, expert analysis, precedents and a weekly Newsletter. For more information on SecuritiesSource™, as well as ordering information, please go to: http://www.westlawecarswell.com/SecuritiesSource/News/default.htm or call Carswell Customer Relations at 1-800-387-5164 (416-609-3800 Toronto & Outside of Canada). Claims from bona fide subscribers for missing issues will be honoured by Carswell up to one month from publication date. Space is available in the Ontario Securities Commission Bulletin for advertisements. The publisher will accept advertising aimed at the securities industry or financial community in Canada. Advertisements are limited to tombstone announcements and professional business card announcements by members of, and suppliers to, the financial services industry. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of the publisher. The publisher is not engaged in rendering legal, accounting or other professional advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. © Copyright 2009 Ontario Securities Commission ISSN 0226-9325 Except Chapter 7 ©CDS INC. One Corporate Plaza Customer Relations 2075 Kennedy Road Toronto 1-416-609-3800 Toronto, Ontario Elsewhere in Canada/U.S. 1-800-387-5164 M1T 3V4 Fax 1-416-298-5082 www.carswell.com Email www.carswell.com/email Table of Contents Chapter 1 Notices / News Releases ....................10797 2.2.3 Village Farms Canada Inc. 1.1 Notices ........................................................10797 – s. 1(11)(b) ................................................ 10853 1.1.1 Current Proceedings before the 2.2.4 Southeast Asia Mining Corp. Ontario Securities Commission ....................10797 – s. 144....................................................... 10855 1.1.2 Notice of Ministerial Approval of 2.3 Rulings............................................................(nil) National Instrument 23-102 Use of Client Brokerage Commissions ....................10803 Chapter 3 Reasons: Decisions, Orders and 1.1.3 Notice of Commission Approval – Rulings....................................................(nil) Amendments to MFDA Policy 3 – 3.1 OSC Decisions, Orders and Rulings................(nil) Complaint Handling, Supervisory 3.2 Court Decisions, Order and Rulings ................(nil) Investigations and Internal Discipline ...........10803 1.1.4 Notice of Commission Approval – Chapter 4 Cease Trading Orders ........................ 10859 IIROC Amendments to Dealer Member 4.1.1 Temporary, Permanent & Rescinding Rules 19, 37 and 2500 Relating to Client Issuer Cease Trading Orders....................... 10859 Complaint Handling ......................................10804 4.2.1 Temporary, Permanent & Rescinding 1.2 Notices of Hearing......................................10804 Management Cease Trading Orders ........... 10859 1.2.1 Canadian Imperial Bank of Commerce 4.2.2 Outstanding Management & Insider and CIBC World Markets Inc. Cease Trading Orders ................................. 10859 – ss. 127, 127.1...........................................10804 1.2.2 HSBC Bank Canada – s. 127, 127.1 ............10805 Chapter 5 Rules and Policies.............................. 10861 1.2.3 Peter Robinson and Platinum International 5.1.1 NI 23-102 Use of Client Brokerage Investments Inc. – ss. 37, 127, 127.1...........10807 Commissions ............................................... 10861 1.3 News Releases ...........................................10811 1.3.1 OSC Lays Charge against Peter Robinson Chapter 6 Request for Comments ..........................(nil) in Ontario Court of Justice............................10811 1.4 Notices from the Office Chapter 7 Insider Reporting................................ 10869 of the Secretary ..........................................10811 1.4.1 Factorcorp Inc. et al......................................10811 Chapter 8 Notice of Exempt Financings............. 10967 1.4.2 Canadian Imperial Bank of Commerce Reports of Trades Submitted on and CIBC World Markets Inc. .......................10812 Forms 45-106F1 and 45-501F1 ................... 10967 1.4.3 HSBC Bank Canada ....................................10812 1.4.4 Peter Robinson and Platinum International Chapter 9 Legislation...............................................(nil) Investments Inc. ...........................................10813 Chapter 11 IPOs, New Issues and Secondary Chapter 2 Decisions, Orders and Rulings ..........10815 Financings........................................... 10973 2.1 Decisions ....................................................10815 2.1.1 Bluerock Acquisition Corp. – s. 1(10) ...........10815 Chapter 12 Registrations....................................... 10979 2.1.2 Petro Andina Resources Inc.........................10816 12.1.1 Registrants................................................... 10979 2.1.3 Criterion Investments Inc. and Criterion International Equity Fund ...............10817 Chapter 13 SRO Notices and Disciplinary 2.1.4 Inhance Investment Management Inc. Proceedings ........................................ 10981 et al. .............................................................10820 13.1.1 MFDA Hearing Panel to Consider 2.1.5 Borden Ladner Gervais LLP and Pre-Hearing Motion in the Matter of the BLG Income Fund ..................................10828 ASL Direct Inc. and Adrian S. Leemhuis...... 10981 2.1.6 Sprott Asset Management LP and 13.1.2 MFDA Sets Date for Carmine Mazzotta Sprott Physical Gold Trust............................10832 Hearing in Toronto, Ontario ........................ 10981 2.1.7 Centerra Gold Inc. ........................................10836 13.1.3 MFDA Issues Notice of Hearing 2.1.8 Newstrike Resources Ltd..............................10838 Regarding Luc Laverdiere............................ 10982 2.1.9 FundEX Investments Inc. .............................10840 13.1.4 MFDA Issues Notice of Hearing 2.1.10 SEAMARK Asset Management Ltd. ............10843 Regarding Roderick I. McLeod .................... 10983 2.1.11 Somerset Entertainment Income Fund 13.1.5 Proposed Conforming Amendments to – s. 1(10) .....................................................10847 MFDA Rules Resulting from National 2.1.12 KAB Distribution Inc. ....................................10848 Instrument 31-103 Registration 2.2 Orders..........................................................10849 Requirements And Exemptions ................... 10984 2.2.1 Factorcorp Inc. et al. – s. 127.......................10849 2.2.2 GLV Inc. – s. 4.2 of OSC Rule 56-501 Restricted Shares.............................10850 December 25, 2009 (2009) 32 OSCB Table of Contents Chapter 25 Other Information................................11013 25.1 Exemptions.................................................11013 25.1.1 BetaPro Management Inc. et al. – s. 19.1 of NI 41-101 General Prospectus Requirements............................11013 25.1.2 Sprott Physical Gold Trust – Part 19 of National Instrument 41-101 General Prospectus Requirements............................11014 Index ..........................................................................11015 December 25, 2009 (2009) 32 OSCB Chapter 1 Notices / News Releases 1.1 Notices SCHEDULED OSC HEARINGS 1.1.1 Current Proceedings Before The Ontario January 7, Paul Iannicca Securities Commission 2010 s. 127 DECEMBER 23, 2009 10:00 a.m. H. Craig in attendance for Staff CURRENT PROCEEDINGS Panel: DLK
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