| IN THE MATTER OF: | THE SECURITIES ACT |
-and-
| IN THE MATTER OF: | PROMITTERE
S & P 500 LIMITED,
PROMITTERE RETIREMENT TRUST, ROBERT JAMES THIESSEN, NEIL FRIESEN, ROBERT BRIAN EGER, and IRENE ANNE ALESHKA |
NOTICE OF HEARING
TAKE NOTICE that The Manitoba Securities Commission ("Commission") will hold a public hearing ("Hearing") at its offices at Room 500 - 400 St. Mary Avenue, Winnipeg, Manitoba on Friday, the 29th day of September, 2006 commencing at 9:00 o’clock in the forenoon or so soon thereafter as the Hearing can be held, and from day to day thereafter until the Hearing is concluded, to consider:
1. whether or not it is in the public interest to order that the cease trade Order No. 5164 dated September 15, 2006 issued pursuant to section 148 of The Securities Act ("Act") against the respondents PROMITTERE S & P 500 LIMITED ("PS&P") and PROMITTERE RETIREMENT TRUST ("PRT") be extended for such period of time as the Commission considers necessary;
2. whether or not it is in the public interest to order that the denial of exemptions Order No. 5164 dated September 15, 2006 issued pursuant to section 19(5) of the Act against the respondents Robert James Thiessen ("THIESSEN"), Neil Friesen ("FRIESEN"), Robert Brian Eger ("EGER"), and Irene Anne Aleshka ("ALESHKA") be extended for such period of time as the Commission considers necessary;
3. such further and other matters and the making of such further and other orders as the Commission may deem appropriate.
BY REASON OF THE FOLLOWING ALLEGATIONS:
1. The Commission issued Order No. 5164 dated September 15, 2006 pursuant to sections 148 and 19(5) of the Act ("Temporary Order"), the Temporary Order having been granted on September 14, 2006 and ordering that commencing September 14, 2006 securities of PS&P and PRT be cease traded and that THIESSEN, FRIESEN, EGER, and ALESHKA be denied the exemptions under the Act;
2. The Temporary Order was issued without notice to any of the respondents on the basis that the holding of a hearing would cause a delay which would be prejudicial to the public interest;
3. The Temporary Order unless extended by further order of the Commission will expire on September 29th, 2006;
4. Commission staff are in the process of continuing to gather further evidence related to this matter, which evidence cannot be obtained by September 29th, 2006.
AND FURTHER TAKE NOTICE that a person or company attending or submitting evidence at the Hearing may be represented by counsel of its choice.
AND FURTHER TAKE NOTICE that any party to the proceedings may, at the Hearing, call witnesses and submit such evidence relevant to the Hearing as it may wish and, for that purpose, it may obtain from the Director of the Commission at Room 500 - 400 St. Mary Avenue, Winnipeg, Manitoba, a form or forms of summons to compel the attendance of witnesses.
AND FURTHER TAKE NOTICE that upon failure of any party to attend at the time and place aforesaid, the Hearing may proceed in that party's absence and the Commission may make or give any decision or order as though that party were present.
DATED at Winnipeg, Manitoba this 18th day of September, 2006.
Director, Legal and Enforcement
TO: PROMITTERE S & P 500 LIMITED
AND TO: PROMITTERE RETIREMENT TRUST
AND TO: ROBERT JAMES THIESSEN
AND TO: NEIL FRIESEN
AND TO: ROBERT BRIAN EGER
AND TO: IRENE ANNE ALESHKA