IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
- and -
IN THE MATTER OF
BLUE GOLD HOLDINGS LTD., DEREK BLACKBURN,
RAJ KURICHH AND NIGEL GREENING
AMENDED NOTICE OF HEARING
(Sections 127 and 127.1 of the Securities Act)
TAKE NOTICE that the Ontario Securities Commission (the “Commission”) will hold a hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O., c. S.5, as amended (the “Act”), at the offices of the Commission at 20 Queen Street West, 17th Floor, Toronto, Ontario, commencing on April 10, 2015 at 10:00 a.m. or as soon thereafter as the hearing can be held;
AND TAKE NOTICE that the purpose of the hearing is for the Commission to consider whether, in the Commission's opinion, it is in the public interest for the Commission to make the following orders:
- that trading in any securities or derivatives by Blue Gold Holdings Ltd., Derek Blackburn (“Blackburn”), Raj Kurichh (“Kurichh”) and Nigel Greening (“Greening”) (collectively, the “Respondents”) cease permanently or for such period as is specified by the Commission, pursuant to paragraph 2 of subsection 127(1) of the Act;
- that the acquisition of any securities by the Respondents be prohibited permanently or for such period as is specified by the Commission, pursuant to paragraph 2.1 of subsection 127(1) of the Act;<
- that any exemptions contained in Ontario securities law not apply to the Respondents permanently or for such period as is specified by the Commission, pursuant to paragraph 3 of subsection 127(1) of the Act;
- that the Respondents be reprimanded, pursuant to paragraph 6 of subsection 127(1) of the Act;
- that Blackburn, Kurichh and Greening (collectively, the “Individual Respondents”) resign any positions that they hold as directors or officers of an issuer, registrant or investment fund managers pursuant to paragraphs 7, 8.1 and 8.3 of subsection 127(1) of the Act;
- that the Individual Respondents be prohibited from becoming or acting as directors or officers of any issuer, registrant or investment fund manager, pursuant to paragraphs 8, 8.2 and 8.4 of subsection 127(1) of the Act;
- that the Respondents be prohibited from becoming or acting as a registrant, as an investment fund manager or as a promoter, pursuant to paragraph 8.5 of subsection 127(1) of the Act;
- that the Respondents each pay an administrative penalty of not more than $1 million for each failure by the Respondents to comply with Ontario securities law, pursuant to paragraph 9 of subsection 127(1) of the Act;
- that each Respondent disgorge to the Commission any amounts obtained as a result of non-compliance by that Respondent with Ontario securities law, pursuant to paragraph 10 of subsection 127(1) of the Act;
- that the Respondents pay the costs of the Commission's investigation and the costs of or related to any hearing before the Commission, pursuant to section 127.1 of the Act; and
- such other order as the Commission considers appropriate.
BY REASON OF the allegations set out in the Statement of Allegations of Staff of the Commission, dated March 11, 2015, and such further allegations as counsel may advise and the Commission may permit;
AND TAKE FURTHER NOTICE that any party to the proceeding may be represented by counsel at the hearing;
AND TAKE FURTHER NOTICE that 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 proceedings.
AND TAKE FURTHER NOTICE that the Notice of Hearing is also available in French, participation may be in either French or English and participants must notify the Secretary’s Office in writing as soon as possible, and in any event, at least thirty (30) days before a hearing if the participant is requesting a proceeding to be conducted wholly or partly in French; and
ET AVIS EST ÉGALEMENT DONNÉ PAR LA PRÉSENTE que l'avis d'audience est disponible en français, que la participation à l'audience peut se faire en français ou en anglais et que les participants doivent aviser le Bureau du secrétaire par écrit le plut tôt possible et, dans tous les cas, au moins trente (30) jours avant l'audience si le participant demande qu'une instance soit tenue entièrement ou partiellement en français.
DATED at Toronto, this 1st day of April, 2015.