Settlements

Lee Andrew Balak [Sec. 144]

BCSECCOM #:
Document Type:
Sec. 144
Published Date:
1990-11-16
Effective Date:
1990-11-16
Details:


Balak (Re)
IN THE MATTER OF the Securities Act, S.B.C. 1985, c. 83
AND IN THE MATTER OF Lee Andrew Balak
Orders Under Section 144
W.D. Nesmith
November 16, 1990

ORDER:-- WHEREAS an Agreed Statement of Facts and Undertaking was executed by Lee Andrew Balak ("Balak") and the Superintendent of Brokers (the "Superintendent") a copy of which is attached as Schedule "A";

NOW THEREFORE the Superintendent, considering that it would be in public interest to do so, orders BY CONSENT:

1.
that pursuant to section 144(1)(c) of the Securities Act, S.B.C. 1985, c. 83 (the "Act") the trading exemptions contained in sections 30 to 32, 55, 58, 80 and 81 of the Act do not apply to Balak for a period of three (3) years from the date of these Orders; and
2.
that pursuant to section 144(1)(d) of the Act, Balak is prohibited from becoming or acting as a director or officer of any reporting issuer for a period of three (3) years from the date of these Orders.
W.D. NESMITH
Superintendent of Brokers

*  *  *  *  *
SCHEDULE "A"
IN THE MATTER OF THE SECURITIES ACT
S.B.C. 1985, c. 83
AND IN THE MATTER OF LEE ANDREW BALAK
Agreed Statement of Facts and Undertaking

The following agreement has been reached between Lee Andrew Balak ("Balak") and the Superintendent of Brokers (the "Superintendent"):

1.
As the basis for orders made pursuant to section 144 of the Securities Act, S.B.C. 1985, c. 83 (the "Act") withdrawing the statutory exemptions of Balak and prohibiting Balak from becoming or acting as a director or officer of any reporting issuer, Balak acknowledges the following facts as correct:
a)
Balak was a registered representative for Canarim Investment Corporation Ltd. ("Canarim") (now L.O.M. Western Securities Ltd.), a member of the Vancouver Stock Exchange (the "Exchange"), from 1977 to 1982, in Winnipeg, Manitoba;
b)
An investigation conducted by the Exchange found that in 1981, Balak had made a representation to a client that a stock would be listed on the Exchange.  On August 12, 1982, Balak signed an Offer of Settlement under the By-Laws of the Exchange acknowledging that he had breached section 68(3) of the Manitoba Securities Act, R.S.M. 1970, c. S50 (the "Manitoba Act") and By-Law 5.01.1(IX) of the Exchange. Under the terms of Settlement, Balak agreed to a penalty of $500 and an assessment of costs in the amount of $250;
c)
Canarim terminated Balak's employment for cause on December 16, 1982, for unauthorized trading and failure to comply with the rules and regulations of the business;
d)
The Manitoba Securities Commission suspended the registration of Balak as a salesman on December 22 1982, until such time as a transfer to another registered company was approved pursuant to section 6(14) of the Manitoba Act;
e)
In a Uniform Application for Registration/Approval (a "Form 4") filed with the British Columbia Securities Commission, dated January 25, 1984, Balak provided the following information which the Form 4 required:
i)
Question 8(B) - Have you been discharged by any employer for cause? (If yes, give full particulars.) no
ii)
Question 13(A) - Have you ever been refused registration or a licence, or has your registration or licence been suspended or cancelled, under any securities act, or regulation thereof, of any province, territory, state or country? no
iii)
Question 14(C) - Have you or has any partnership or company, at the time of your association or holding of office, or of shares, of which you were a partner, director, officer or shareholder ever been suspended or been the subject of disciplinary measures by any of the institutions or associations as described in 14(A)? no
f)
Balak ought to have known that these statements were, at the time and in light of the circumstances under which they were made, misrepresentations within the meaning of the Securities Act, S.B.C. 1979, c. 380;
g)
By letter dated May 25, 1984, a staff member of the Superintendent's office alerted Balak to and required him to reconsider some of the information he provided in the Form 4 dated January 25, 1984;
h)
In a letter received June 6, 1984, Balak replied to the letter from the Superintendent's office.
i)
On May 15, 1986, Balak signed an Offer of Settlement under the By-Laws of the Exchange acknowledging that during his previous employment with Canarim he had carried on unauthorized trading in a client's account. Under the terms of the Settlement, Balak agreed to a penalty of $500 and an assessment of costs in the amount of $250;
j)
In a Form 4 dated May 29, 1987, Balak made the same statements, being "no", in response to the same questions 8(B), 13(A) and 14(C) as described in paragraph 5 above;
k)
Balak ought to have known that these statements were, at the time and in light of the circumstances under which they were made, misrepresentations within the meaning of the Act;
Insider Reports

l)
Balak acted as a director of the following companies listed on the Exchange during the following periods (respectively the "Material Times"):
i)
H.Q. Mineral Ltd. ("H.Q.I") January 14, 1987 to May 6, 1988;
ii)
Vanwin Resources Corporation ("Vanwin") February 9, 1983 to August 8, 1988;
iii)
Newgate Resources Ltd. ("Newgate") December 30, 1988 to present;
iv)
Oil City Lubricants Limited ("Oil City") August 18, 1989 to April 27, 1990; and
v)
West Pride Industries Corp. ("West Pride") November 27, 1988 to March 26, 1990;
m)
Balak was or is an insider of each H.Q., Vanwin, Newgate, West Pride and Oil City within the meaning of the Act during the respective Material Times;
n)
Balak failed to file insider reports in respect of 33 trades totalling 114,000 shares of H.Q. during March and April 1988, contrary to section 70 of the Act;
o)
Balak failed to file insider reports in respect of 12 trades totalling 62,500 shares of Vanwin during March and April, 1988, contrary to section 70 of the Act;
p)
Balak failed to file insider reports in respect of 56 trades totalling 339,500 shares of Newgate during February, March, June, July and August 1989, contrary to section 70 of the Act;
q)
Balak failed to file insider reports in respect of 42 trades totalling 183,500 shares of West Pride during March, April, May, August and September 1989, contrary to section 70 of the Act;
r)
Balak failed to file insider reports in respect of 7 trades totalling 20,000 shares of Oil City during August and September 1989, contrary to section 70 of the Act.
2.
Balak waives any requirement of a hearing under section 144(1) of the Act and consents to orders pursuant to section 144(1)(c) and 144(1)(d) of the Act in the form annexed hereto as Exhibit "1".
3.
Balak waives his right to a hearing and review or appeal under sections 147 and 149 of the Act in connection with the Orders.
4.
Balak agrees to pay to the order of Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Finance the sum of $2,000.00 towards the investigation costs in this matter.
Dated at Vancouver, British Columbia this 14th day of November, 1990.

L.A. BALAK

Dated at Vancouver, British Columbia this 16th day of November, 1990.

W.D. NESMITH
Superintendent of Brokers


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EXHIBIT "1"
IN THE MATTER OF THE SECURITIES ACT
S.B.C. 1985, c. 83
AND IN THE MATTER OF THE ANDREW BALAK
Orders Under Section 144

WHEREAS an Agreed Statement of Facts and Undertaking was executed by Lee Andrew Balak ("Balak") and the Superintendent of Brokers (the "Superintendent") a copy of which is attached as Schedule "A";

NOW THEREFORE the Superintendent, considering that it would be in public interest to do so, orders BY CONSENT:

1.
that pursuant to section 144(1)(c) of the Securities Act, S.B.C. 1985, c. 83 (the "Act") the trading exemptions contained in sections 30 to 32, 55, 58, 80 and 81 of the Act do not apply to Balak for a period of three (3) years from the date of these Orders; and
2.
that pursuant to section 144(1)(d) of the Act, Balak is prohibited from becoming or acting as a director or officer of any reporting issuer for a period of three (3) years from the date of these Orders.