Nice Going LibertyDidn't even bother to show up at the OSC for a hearing. So now the cease-trade order is permanent.
Commission de l'Ontario Toronto ON M5H 3S8 Toronto ON M5H 3S8
IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, CHAPTER S.5, AS AMENDED (THE "ACT")
AND
IN THE MATTER OF
LIBERTY MINES INC.
ORDER
(Paragraphs 127(1)2 and 2.1)
WHEREAS on April 13, 2009,
LIBERTY MINES INC. (the "Reporting Issuer")
and its transfer agent were notified that the Director made an order
under paragraph 2 and paragraph 2.1 of subsection 127(1) and subsection
127(5) of the Act on the 13th day of April, 2009 that all trading in and
all acquisitions of the securities of the Reporting Issuer, whether direct
or indirect, cease immediately for a period of fifteen days from the date
of the order (the "Temporary Order");
AND WHEREAS the Temporary Order was made because the Reporting Issuer
failed to file the following continuous disclosure materials as required by
Ontario securities law (collectively, the "Default"):
a) audited annual financial statements for the year ended December 31,
2008;
b) management's discussion and analysis relating to the audited annual
financial statements for the year ended December 31, 2008;
AND WHEREAS the Reporting Issuer and its transfer agent were notified
that a hearing (the "Hearing") would be held to determine if it would be in
the public interest to make an order under paragraph 2 and paragraph 2.1 of
subsection 127(1) of the Act that all trading in and all acquisitions of
securities of the Reporting Issuer, whether direct or indirect, cease
permanently or for such period as is specified in the order;
AND WHEREAS the Reporting Issuer was notified that if it intended to
attend at the Hearing, the Reporting Issuer was requested to notify the
Director of its intention to attend in writing, in which case the Hearing
would be held before the Commission;
AND WHEREAS the Reporting Issuer was further notified that if it failed
to notify the Director of its intention to be present at the Hearing, then
the Hearing would be held before the Director without the Reporting Issuer
present;
AND WHEREAS the Reporting Issuer having failed to notify the Director of
its intention to attend at the Hearing, the Hearing was held before the
Director on the 24th day of April, 2009;
AND UPON no one appearing at the Hearing on behalf of the Reporting
Issuer;
AND UPON hearing the evidence of staff of the Ontario Securities
Commission and the Director being satisfied that the Default continues;
IT IS ORDERED pursuant to paragraph 2 and paragraph 2.1 of subsection
127(1) of the Act that, effective immediately, all trading in and all
acquisitions of the securities of the Reporting Issuer, whether direct or
indirect, shall cease until further order by the Director.
DATED at Toronto this 24th day of April, 2009.
Ontario Securities Commission
Jo-Anne Matear
Assistant Manager, Corporate Finance Branch
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