Proceedings

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

- and -

IN THE MATTER OF
GOLD-QUEST INTERNATIONAL, 1725587 Ontario Inc. carrying on business as
HEALTH AND HARMONEY, HARMONEY CLUB INC.,
DONALD IAIN BUCHANAN, LISA BUCHANAN AND SANDRA GALE

ORDER



WHEREAS on April 1, 2008, the Ontario Securities Commission (the "Commission") ordered, pursuant to clause 2 of subsection 127(1) and subsection 127(5) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the "Act") that all trading in any securities of Gold-Quest International (“Gold-Quest”) shall cease (the “Temporary Order”);

AND WHEREAS the Commission further ordered as part of the Temporary Order that pursuant to clause 2 of subsection 127(1) and subsection 127(5) of the Act that all trading in any securities by 1725587 Ontario Inc., carrying on business as Health and HarMONEY (“Health and HarMONEY”), Donald Iain Buchanan and Lisa Buchanan shall cease;

AND WHEREAS the Commission further ordered as part of the Temporary Order that pursuant to clause 3 of subsection 127(1) and subsection 127(5) of the Act that any exemptions contained in Ontario securities law do not apply to Gold-Quest, Health and HarMONEY, Donald Iain Buchanan and Lisa Buchanan;

AND WHEREAS the Commission further ordered as part of the Temporary Order that pursuant to clause 3 of subsection 127(1) and subsection 127(5) of the Act that any exemptions contained in Ontario securities law do not apply to Gold-Quest’s officers, directors, agents or employees;

AND WHEREAS on April 8, 2008, the Commission issued a Notice of Hearing to consider among other things, the extension of the Temporary Order (the “TCTO Hearing”);

AND WHEREAS on April 11, 2008 the Temporary Order was extended by the Commission with some amendments (the “Amended Temporary Order”);

AND WHEREAS the Amended Temporary Order has been extended from time to time, most recently until the completion of the Hearing on the Merits;

AND WHEREAS on March 13, 2009, the Commission issued a Notice of Hearing of pursuant to sections 127 and 127.1 of the Act (the “Hearing”) together with a Statement of Allegations dated March 12, 2009, issued by Staff of the Commission (“Staff”), with respect to Gold-Quest, Health and HarMONEY, the Harmoney Club Inc. (the “Harmoney Club”), Donald Iain Buchanan, Lisa Buchanan and Sandra Gale;

AND WHEREAS on March 20, 2009, upon hearing submissions from Sandra Gale, counsel for Staff and counsel for Donald Iain Buchanan and Lisa Buchanan, it was ordered that the Hearing be adjourned to May 26, 2009;

AND WHEREAS on May 26, 2009, upon hearing submissions from Sandra Gale, counsel for Staff and counsel for Donald Iain Buchanan and Lisa Buchanan, it was ordered that the Hearing be adjourned to June 25, 2009;

AND WHEREAS on June 25, 2009, counsel for Staff, counsel for Sandra Gale and counsel for Donald Iain Buchanan and Lisa Buchanan attended before the Commission;

AND WHEREAS on June 25, 2009, no one appeared for Gold-Quest, Health and HarMONEY or the Harmoney Club;

AND WHEREAS on June 25, 2009, upon hearing submissions from counsel for Staff, counsel for Sandra Gale, and counsel for Donald Iain Buchanan and Lisa Buchanan, it was ordered that the Hearing be adjourned to August 20, 2009;

AND WHEREAS on August 20, 2009, no one appeared for Gold-Quest, Health and HarMONEY or the Harmoney Club;

AND WHEREAS on August 20, 2009, upon hearing submissions from counsel for Staff and counsel for Sandra Gale, it was ordered that a pre-hearing conference be held on October 9, 2009;

AND WHEREAS on October 9, 2009, a pre-hearing conference was commenced and counsel for Staff, counsel for Sandra Gale and counsel for Donald Iain Buchanan and Lisa Buchanan attended before the Commission;

AND WHEREAS on October 9, 2009, no one appeared for Gold-Quest, Health and HarMONEY or the Harmoney Club;

AND WHEREAS on October 9, 2009, counsel for Staff, counsel for Sandra Gale and counsel for Donald Iain Buchanan and Lisa Buchanan requested, and it was ordered, that the pre hearing conference be continued on December 10, 2009;

AND WHEREAS on December 10, 2009, the pre-hearing conference was continued and counsel for Staff, Sandra Gale, counsel for Sandra Gale, and counsel for Donald Iain Buchanan and Lisa Buchanan made submissions to the Commission;

AND WHEREAS on December 10, 2009, no one appeared for Gold-Quest, Health and HarMONEY or the Harmoney Club;

AND WHEREAS on December 10, 2009, it was ordered that the Hearing be adjourned to March 25, 2010 and March 26, 2010;

AND WHEREAS on December 10, 2009, it was further ordered that the motion for leave of the Commission to withdraw brought by counsel for Sandra Gale was granted and leave of the Commission was granted for counsel to withdraw;

AND WHEREAS Staff and the Respondents have agreed to request that the Hearing should be further adjourned;

IT IS ORDERED THAT the Hearing is adjourned to April 28, 2010 at 10:00 a.m. for a full day and April 29, 2010 from 10:00 a.m. to 2:00 p.m., or such other dates as are agreed to by the parties and determined by the Office of the Secretary, for the purpose of considering sanctions against certain of the Respondents and for any other purpose that the parties may advise the Office of the Secretary.

DATED at Toronto this 23rd day of March, 2010

 

 

" James Turner "
James E. A. Turner