ยท MANITOBA CURIT I E S CO MM ISSION IN THE MATTER OF: THE SECURITIES ACT -and-IN THE MATTER OF: KUSTOM DESIGN FINANCIAL SERVICES INC., KUSTOM DESIGN GROUP INC., HIGHTIDE MANAGEMENT INC., SYNERGY GROUP (2000) INC., MICHAEL EDWARD LEPITRE, MARK ADRIAN JONES, and LEONARD JONATHAN ZIELKE 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 Wednesday, the 30th day of November, 2011 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 pursuant to section 148.4 of The Securities Act, R.S.M. 1988, c. S50 as amended ("Act"): 1. whether or not it is in the public interest to order, pursuant to section 148 of Act, that all trading in securities of Kustom Design Financial Services Inc. ("KUSTOM FINANCIAL"), Kustom Design Group Inc. ("KUSTOM GROUP"), Hightide Management Inc. ("HIGHTIDE") and/or Synergy Group (2000) Inc. ("SYNERGY") cease; 2. whether or not it is in the public interest to order, pursuant to section 148 of Act, that all trading in securities by KUSTOM FINANCIAL, KUSTOM GROUP, HIGHTIDE, SYNERGY, Michael Edward Lepitre ("LEPITRE"), Mark Adrian Jones ("JONES") and/or Leonard Jonathan Zielke ("ZIELKE") cease; 3. whether or not it is in the public interest to order, pursuant to section 19(5) of the Act, that: (a) subsection 19(1) of the Act does not, with respect to such of the trades referred to in that section , apply to KUSTOM
2 FINANCIAL, KUSTOM GROUP, HIGHTIDE, SYNERGY, LEPITRE, JONES, and/or ZIELKE; (b) subsection 19(2) of the Act does not, with respect to such of the securities referred to in that section, apply to KUSTOM FINANCIAL, KUSTOM GROUP, HIGHTIDE, SYNERGY, LEPITRE, JONES, and/or ZIELKE; 4. whether or not it is in the public interest to order, pursuant to section 148.3 of the Act, that LEPITRE, JONES, and/or ZIELKE resign all positions they/he hold(s) as a director or officer of any issuer and be prohibited from becoming or acting as a director or officer or both of any issuer; 5. 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: By reason of a Decision of the Alberta Securities Commission ("ASC") dated August 26, 2010 and, as to LEPITRE and JONES, as varied by Variation Order of the ASC dated April 26, 2011, to be filed, and such other material as staff counsel may advise and the panel may allow. 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)) day of October, 2011.
3 TO: KUSTOM DESIGN FINANCIAL SERVICES INC. AND TO: KUSTOM DESIGN GROUP INC. AND TO: HIGHTIDE MANAGEMENT INC. AND TO: SYNERGY GROUP (2000) INC. AND TO: MICHAEL EDWARD LEPITRE AND TO: MARK ADRIAN JONES AND TO: LEONARD JONATHAN ZIELKE
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.