Matthew John Hamilton [Decision]

2019 BCSECCOM 115
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2019 BCSECCOM 115

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Matthew John Hamilton


Nigel P. Cave

Vice Chair

Judith Downes


Gordon L. Holloway





Hearing Dates

March 5, 2019



Submissions Completed

March 5, 2019




Date of Decision

April 3, 2019







Jennifer Whately

For the Executive Director





Patrick J. Sullivan

For Matthew John Hamilton









I.          Introduction

  1. This is the sanctions portion of a hearing under sections 161(1) of the Securities Act, RSBC 1996, c. 418.  The Findings of the panel on liability made on October 9, 2018 (2018 BCSECCOM 290) are part of this decision.

  2. We found that Matthew John Hamilton:

    a) concealed his control and direction of a public company (Guru Health Inc.), including through the use of nominee directors and officers;

    b) prepared and filed false disclosure documents in respect of Guru with securities regulatory authorities;

    c) concealed his identity from critical gatekeepers in the capital markets in respect of activities carried on in respect of Guru;

    d) delivered fabricated records to gatekeepers, with an intention that those gatekeepers would provide those records to securities regulatory authorities;

    e) engaged in transactions that gave the false impression that trades in Guru shares had occurred involving 27 investors, when, in reality, all shares were paid for by Hamilton and his business partner; and

    f) sold secret control over all the shares of Guru.

  3. We found that Hamilton’s conduct (as described in paragraph 2) was abusive to the capital markets and that we should exercise our public interest jurisdiction to make orders against him.

  4. The parties made written and oral submissions with respect to the appropriate orders to be made with respect to Hamilton’s conduct.

  5. This is our decision with respect to sanctions.

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