28 Law
Daily business news at www.biv.com July 12–18, 2011
Trouble
DISCIPLINE •British Columbia
Securities Commission
A BC Securities Commission (BCSC) hearing panel has fined and ordered a five-year market ban against a man who illegally distributed securities and personally benefited from his illegal activity by receiving over $14,000 from investors’ funds, the regulator announced June 28. Robert Douglas Collins and his company, Blue Lighthouse Ltd., raised $317,636 by distributing securities to 22 investors without being registered and without filing a prospectus. The majority of the investors were residents of British Columbia. The panel also found that Collins used Blue Lighthouse as a vehicle to illegally raise funds from investors, and that Collins benefited from his illegal activity by personally receiving $14,607 from investors’ funds. For his misconduct, the panel banned Collins from trading in securities, purchasing securities or exchange contracts and from becoming or acting as a director or officer of any issuer, registrant or investment fund manager for five years. He is also prohibited, for the same period, from becoming or acting as a registrant, investment fund manager or promoter, from engaging in investor relations activities and from acting in a management or consultative capacity in connection with the securities market. The panel also ordered Collins to pay to the commission the $14,607 he obtained as a result of his illegal activity, as well as an administrative penalty of $20,000. In addition to the orders against Collins, Blue Lighthouse was permanently cease-traded by the panel. The decision is related to an April 29, 2011, panel decision concerning John Arthur Roche McLoughlin and MCL Ventures Inc., in which the panel banned McLoughlin from the securities market for 15 years and ordered him to pay an administrative penalty of $50,000. The panel permanently cease-traded MCL. A BCSC panel has fined and ordered a permanent market ban against a man who fraudulently obtained over $500,000 from four investors, the regulator announced June 29. Adam Keller, a B.C. resident, raised approximately $523,100 from two B.C. and two Alberta investors, claiming that he would execute trades in the foreign exchange market or invest funds in unique investment opportunities on their
behalf. At the time, Keller was the sole director and signing authority for Great White Capital Corp. (GWC), a company headquartered in West Vancouver, B.C. The panel found that Keller perpetrated a fraud when he lied to investors, provided them with false account summaries, and failed to protect, secure or return investors’ funds as promised. Additionally, Keller did not invest the funds solicited from investors, but instead used the funds for personal purposes. For his fraudulent actions, the panel permanently banned Keller from trading in securities, purchasing securities or exchange contracts and from becoming or acting as a director or officer of any issuer, registrant or investment fund manager. He is also permanently prohibited from becoming or acting as a registrant, investment fund manager or promoter, from engaging in investor relations activities and from acting in a management or consultative capacity in connection with the securities market. The panel also ordered Keller to pay to the commission the $523,100 he obtained as a result of his illegal activity, as well as an administrative penalty of $1.6 million. In addition to the orders against Keller, Great White Capital was permanently cease-traded by the panel.
Penticton Edge Truck Repairing Inc., Richmond Empire Vehicle Solutions Inc., Surrey Fast Income Pro, Vancouver Finest Goldsmiths, Surrey Ford’s Moving Ltd., Vancouver From Scott to Finish Custom Kitchens & Fine Cabinetry, Richmond Harmony Bay Management Inc., Kelowna Henderson Plumbing & Heating, Langley Imperial Parking Canada Corp., Vancouver Malibu Investments, Richmond Marios 2 for 1 Pizza, Prince George Michelle Smith Design Inc., Kelowna Nor Pac Marketing, New Westminster Oxygenergy Electronics, Richmond Perfect Match, Burnaby Personal Mobility, Surrey Qualico Developments Vancouver Inc., Surrey Swoopo Entertainment Shopping Inc., Vancouver Synergize International Inc., Richmond TD Canada Trust, Vancouver VRC Fitness Gym, Abbotsford Weston Luggage Ltd., Vancouver Zara Canada, Montreal The following companies have responded to the BBB subsequent to being published: Come Clean Naturally, North Vancouver Duet Introductions, Surrey Trinity Floors, Surrey
BUYER’S ALERT Who’s Companies listed below, which are not members of Getting Sued the Better Business BurThese corporate writs were eau, have failed to respond, as of June 30, 2011, to Better Business Bureau of Mainland B.C.’s efforts to mediate complaints from June 20 to June 24, 2011. In some instances, the company may have taken care of the complaint and considered the matter closed, or may believe the complaint is unjustified; however, if the BBB has not received a response, records cannot reveal either position. Please note that BBB members must respond to customer complaints that are brought to their attention. Source: BBB. Adultsensations, Coquitlam Alpine Motor Inn, Clearbrook Astro Guard Alarms Vancouver Ltd., Port Coquitlam Blackcomb Snowmobile, Whistler Cana Creek, Vancouver Canadian Time Systems Inc., Vancouver Citi Financial, Terrace CitiFinancial Canada Inc. Delta, Delta C.T.L. Logging Contractor Ltd., Prince George Deal Direct Inventory Liquidators, Port Coquitlam
filed with the B.C. Supreme Court registry in Vancouver. Information is derived from notices of civil claim. Civil claims have yet to be proven in court. Defendants: South Point Station Pub Ltd. and Garry T’s Neighbourhood Pub & Restaurant Ltd. and Her Majesty the Queen in right of the Province of British Columbia 5668 Manitoba St., Vancouver and 3rd floor, 1001 Douglas St., Victoria Plaintiff: HSBC Bank Canada 1600–925 W. Georgia St., Vancouver Claim: $1,193,545 for debt related to a general security agreement against South Point and Garry Pub; a declaration the agreements are in default; a declaration of entitlement to a charge upon the assets; enforcement of the charge; an inquiry; an accounting; and appointment of a receiver. Defendants: Tyam Construction Ltd. and 2300 Kingsway Properties Ltd.
Langley and 3502–1088 Burrard St., Vancouver Plaintiff: Canadian Soil Management Ltd. 89 Rogers St., Vancouver Claim: $385,557 for debt related to a soil removal contract. Defendant: Fuseforward International Inc. 25th floor, 700 W. Georgia St., Vancouver Plaintiff: Bal Global Finance Canada Corp. 1600 Cathedral Pl., 925 W. Georgia St., Vancouver Claim: $305,316 for debt arising from two payment plan agreements. Defendants: PCL Constructors Westcoast Inc. and Chet Construction Ltd. and Brent Burdeyny aka Raymond Brent Burdeyny and the City of Surrey 900–808 Nelson St., Vancouver and 22695 South Fraser Way, Abbotsford and 2150 Mirus Dr., Abbotsford and 14245 56th Ave., Surrey Plaintiffs: Emco Corp. and Emco Corp. dba Emco Waterworks dba Sandale Utility Products Box 10424, 1300–777 Dunsmuir St., Vancouver Claim: $288,648 against PCL and Chet for pipes and materials and equipment for the construction of the Bridgeview Pump Station, or, damages, an accounting, and a tracing; damages against Burdeyny; an accounting; and a tracing; $285,052 in lien claims against lands owned by the City of Surrey; a declaration Emco is entitled to a claim of lien against any holdback in the total sum of $284,952, an order, and damages. Defendants: TBU Security Solutions Inc. and Terry Glenn Bradshaw and Martine Bradshaw 202–1433 St. Paul St., Kelowna and 1725 Dolphin Ave., Kelowna Plaintiff: Royal Bank of Canada 3rd floor, 650 W. 41st Ave., Vancouver Claim: $159,663 against TBU for debt arising from a credit agreement; $150,000 against Terry Bradshaw as guarantor of the debt; $155,000 against Martine Bradshaw as guarantor of the debt. Defendants: Hornby Residences Ltd. and Brendan James Schouw 1251 Homer St., Vancouver Plaintiffs: Lien Tran and Michael Tang and Dana Wong and Timothy Matthew Wong and Annette Albanese-Wong 1015–885 W. Georgia St., Vancouver Claim: $152,478 in favour of Tran and Tang arising from an investment certificate; $152,314 in favour of Dana Wong, Timothy Matthew Wong and Annette AlbaneseWong, arising from an
Defendant: Maximum Steel Detailing Inc. 6957 198th St., Langley Plaintiff: Royal Bank of Canada 6880 Financial Dr., Mississauga, ON Claim: $150,416 for debt related to a credit agreement. Defendant: Dr. Uday Jobanputra 264–4820 Kingsway Ave., Burnaby Plaintiff: Al Heaps & Associates Inc. 2525–1075 W. Georgia St., Vancouver Claim: $89,320 arising from a breached sale agreement for a dental practice, or, damages. Defendants: 0879873 B.C. Ltd. and Stephen Cole and Rick Bone 4095 Mt. Lehman Rd., Abbotsford and 507–819 Hamilton St., Vancouver Plaintiffs: Asian Concepts Franchising Corp. and 1185662 Alberta Ltd. 216–54555 152nd St., Surrey Claim: $69,350 for debt arising from unpaid franchise fees for a franchise of Wok Box Fresh Asian Kitchen; and damages for breach of the franchise agreement and sub-lease agreement and the guarantees. Defendants: Westwood Floors Ltd. previously known as Westwood Carpets Ltd. aka Westwood Carpets and the said Westwood Floors Ltd. and Westwood Carpets Ltd. and Jeff Henig aka Jeff Hennig 211–1015 Austin Ave., Coquitlam and 117–2200 Panorama Dr., Port Moody Plaintiff: Mohawk Servicing LLC formerly known as Mohawk Servicing Inc. and Mohawk Carpet Corp. 200–3071 No. 5 Rd., Richmond Claim: $59,808 for debt related to flooring and flooring products. Defendants: Reid Taylor Construction Ltd. and Kevin Reid Lafreniere and Natrisha A. Lafreniere and Jevco Insurance Co. Addresses unavailable Plaintiff: Doka Canada Ltd. 1500–1055 W. Georgia St., Vancouver Claim: $27,565 for debt against Reid Taylor for material used for construction at Capilano University; and damages; $27,565 against Jevco under the provisions of a bond; damages for breach of trust against Kevin Lafreniere and Natrisha Lafreniere. Defendants: British Columbia Timberframe Co. Ltd. and Parkwood Construction Ltd. and Britannia Beach Historical Society 600–1090 W. Georgia St., Vancouver and 1200–925
and Box 155, Britannia Beach Plaintiff: Jansen Burslem Contracting Ltd. dba New Leaf Contracting 217–4368 Main St., Whistler Claim: $25,226 in damages related to debt for the construction of a train pavilion. Defendants: Capital Wave Marketings Services Ltd. dba Capital Wave Marketing Ltd. and Ronny Kadarishko Addresses unavailable Plaintiff: WS Leasing Ltd. 2900–595 Burrard St., Vancouver Claim: $20,791 for debt related to a BMW sale. Defendants: 494743 B.C. Ltd. dba Flame Engineering & Construction and Kamran Zamanpour 3131B St. Johns St., Port Moody and 621 Kenwood Rd., West Vancouver Plaintiff: Lynnmour Glass & Aluminium (2000) B.C. Ltd. 107–2455 Dollarton Hwy., North Vancouver Claim: $15,225 against 494743 for the supply and installation of aluminum curtain wall glazing; and a builder’s lien against lands owned by Zamanpour for $15,225. Defendant: Planet Organic Health Corp. 1000–840 Howe St., Vancouver Plaintiff: Maria Czabor 58–1370 Riverwood Gate, Port Coquitlam Claim: Damages arising from injuries sustained when Czabor tripped over a broom at a Planet Organic store. Defendant: Hush Communications Canada Inc. 1177–1100 Melville St., Vancouver Plaintiffs: Lachlan Wealth Management Ltd. and Lachlan Partners Pty Ltd. and Lachlan Partners Advisory Services Pty Ltd. and Lachland Partners Corporate Services Pty Ltd. and Lachlan Partners Property Advisors Pty Ltd. Level 35, 360 Collins St., Melbourne, Victoria, Australia Claim: An order requiring the defendant to disclose information necessary to obtain the identity of the sender or senders of emails, including the IP addresses from which the emails were sent, arising from false, defamatory, threatening and harassing emails sent to the plaintiff and its employees. Defendants: Edward Ball and Christine Ball and Coast Industrial Maintenance & Machine (Canada) Ltd. 7–13101 78A Ave., Surrey and 200–8120 128th St., Surrey and 1321 Johnston Rd., White Rock