Create-a-fund Inc. and Ronald L. Etherington

Order

IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, C.s.5, AS AMENDED


- AND -


IN THE MATTER OF RONALD ETHERINGTON
AND CREATE-A-FUND INCORPORATED

 

ORDER
(Sections 127)

 

WHEREAS on the 26th day of February, 2002, the Ontario Securities Commission (the "Commission") ordered, pursuant to clause 2 of subsection 127(1) of the Securities Act, R.S.O. 1990, c.S.5, as amended (the "Act"), that all trading in securities by Ronald L. Etherington ("Etherington") and Create-a-fund Incorporated ("Create-a-fund") cease and that exemptions do not apply to these respondents (the "Temporary Order");
 

 

AND WHEREAS the Commission further ordered that pursuant to clause 6 of subsection 127(1) of the Act that the Temporary Order shall take effect immediately and shall expire on the fifteenth day after its making unless extended by the Commission;
 

 

AND WHEREAS on February 26, 2002 the Commission issued a Notice of Hearing (the "Notice of Hearing") against Etherington and Create-a-fund pursuant to sections 127 and 127.1 of the Act scheduled for a hearing before the Commission on Friday, March 8, 2002;
 

 

AND WHEREAS the Commission has been advised that the Respondents were served on February 28, 2002 with the Temporary Order, the Notice of Hearing and the Statement of Allegations;
 

 

AND WHEREAS
the Commission has been advised that Staff of the Commission ("Staff") and Respondents request an adjournment of the hearing, and that Staff and the Respondents consent to this Order extending the Temporary Order against the Respondents until this hearing is concluded, and adjourning this hearing sine die to be returnable on no less than seven days' notice (the "Consent");
 

 

AND WHEREAS the Consent has been filed in this proceeding;
 

 

AND WHEREAS the Commission considers it to be in the public interest to make this order;
 

 

AND WHEREAS by authorization order made March 9, 2001, pursuant to subsection 3.5(3) of the Act, the Commission authorized each of David A. Brown, Howard Wetston and Paul M. Moore acting alone, to exercise the powers of the Commission, subject to subsection 3.5(4) of the Act, to grant adjournments, set dates for hearings, and to hear and determine procedural matters;
 

 

IT IS HEREBY ORDERED pursuant to section 127(7) of the Act that the Temporary Order is extended against the Respondents until this hearing is concluded;
 

 

IT IS FURTHER ORDERED that pursuant to section 21 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended, this hearing is adjourned sine die, to be returnable on no less than seven days' notice.
 

 

DATED at Toronto this 7th day of March, 2002.
 

______________________________

Paul M. Moore