THE SECURITIES ACT | ) |
Order No. 5815 |
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Section 148 and148.3 | ) |
December 10, 2008 |
BRIAN DAVID ANDERSON
WHEREAS:
(A) On June 21, 2007, the British Columbia Securities Commission (“BCSC”) issued a decision (“BCSC Decision”) against Brian David Anderson (“ANDERSON”);
(B) On September 22, 2008, The Manitoba Securities Commission (“Commission”) issued a Notice of Hearing (“Notice”) giving notice of its intention to hold a hearing to consider whether or not it was in the public interest to grant orders pursuant to section 148.4 of The Securities Act, R.S.M. 1988, c. S50 as amended (“Act”) with respect to ANDERSON;
(C) On December 10, 2008, the hearing as against ANDERSON proceeded before a panel of the Commission;
(D) Upon reviewing the documentary evidence and hearing the submissions of counsel for staff of the Commission no one appearing for the respondent, reviewing the letter from the respondent, and reviewing the Sheriff’s Return, filed, and being satisfied as to service upon the respondent, the Commission is of the opinion that it is in the public interest to make this order.
IT IS ORDERED:
1. THAT, pursuant to section 148 of the Act, ANDERSON cease trading in securities permanently.
2. THAT, pursuant to section 148.3 of the Act, ANDERSON resign any position he holds as a director or officer of any issuer and be prohibited permanently from becoming or acting as a director or officer of any issuer, except an issuer all the securities of which are owned beneficially by him, his wife or his children.
BY ORDER OF THE COMMISSION
Director, Legal and Enforcement