IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED
IN THE MATTER OF
LYNDZ PHARMACEUTICALS INC.,
LYNDZ PHARMA LTD., JAMES MARKETING LTD.,
MICHAEL EATCH AND RICKEY MCKENZIE
WHEREAS on December 4, 2008, the Ontario Securities Commission (the "Commission") ordered pursuant to subsections 127(1) , 127(5), and 127(6) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the "Act") that immediately for a period of 15 days from the date thereof: (a) all trading in securities of Lyndz Pharmaceuticals Inc. ("Lyndz") shall cease; (b) all trading in securities by the Respondents shall cease; and (c) the exemptions contained in Ontario securities law do not apply to the Respondents (the "Temporary Order");
AND WHEREAS on December 8, 2008, the Commission issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Act accompanied by Staff of the Commission's ("Staff") Statement of Allegations in this matter;
AND WHEREAS on December 17, 2008 a hearing was held before the Commission and was attended by Staff, but none of the respondents;
AND WHEREAS the Commission is satisfied that all of the respondents received adequate notice of the hearing from Staff;
AND UPON RECEIVING the written consent of counsel for Michael Eatch, Rickey McKenzie, Lyndz and James Marketing Ltd. to the extension of the Temporary Order;
AND UPON RECEIVING submissions from Staff at the hearing;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED THAT pursuant to subsection 127(8) of the Act, the Temporary Order is extended to February 13, 2009; and,
IT IS FURTHER ORDERED THAT pursuant to subsection 9(1)(b) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended, that the Affidavit of Raymond Daubney, sworn December 8, 2008, and filed in support of the motion to extend the Temporary Order, shall be returned to Staff and redacted to remove the personal identification information of investors whose intimate financial or personal information is contained in Exhibit 4, and shall be re-filed with the Commission within 5 days of the date of this Order;
IT IS FURTHER ORDERED THAT this matter is adjourned to February 13, 2009, at 9:00 am.
DATED at Toronto this 17th day of December, 2008.
"Wendell S. Wigle"