Securities Law & Instruments

IN THE MATTER OF

THE SECURITIES ACT

R.S.O. 1990, c.S.5, AS AMENDED

AND

IN THE MATTER OF

LYDIA DIAMOND EXPLORATIONOF CANADA LTD.,

JURGEN VON ANHALT, EMILIAVON ANHALT

 

ORDER

(Section 144)

WHEREAS on November 19, 2002, the OntarioSecurities Commission issued an order pursuant to sections 127and 127.1 of the Securities Act in respect of Lydia DiamondExploration of Canada Ltd. (Lydia), Jurgen von Anhalt, and Emiliavon Anhalt;

AND WHEREAS on November 20, 2002, Lydia,Jurgen von Anhalt and Emilia von Anhalt filed a Notice of Appealand a motion for a stay of the order pending the appeal;

AND WHEREAS the Honourable Mr. JusticeMcNeely heard the motion for a stay of the order on November21, 2002 and he reserved his decision;

AND WHEREAS on November 22, 2002, Jurgenvon Anhalt and Emilia von Anhalt requested the Commission tovary the order by changing the starting date of condition 7from the day after the order to the day after the release ofthe decision on the motion for a stay of the order in the eventthe motion was dismissed;

AND WHEREAS the Commission did not dealwith the request on the basis that it was premature;

AND WHEREAS on November 27, 2002, JusticeMcNeely dismissed the motion for a stay of the order;

AND WHEREAS on November 28, 2002, Jurgenvon Anhalt and Emilia von Anhalt advised the Commission thatLydia, Jurgen von Anhalt and Emilia von Anhalt were then incompliance with the order except for the payment of costs;

AND WHEREAS on December 4, 2002, Lydia,Jurgen von Anhalt and Emilia von Anhalt applied to the Commissionfor an order pursuant to section 144(1) of the Act tovary the order by changing the starting date of condition 7from the day after the order to November 28, 2002, and requestedthe Commission not to require costs to be paid by Lydia, Jurgenvon Anhalt and Emilia von Anhalt pending the disposition ofthe appeal;

AND WHEREAS the Commission consentedto hear this application in writing;

AND WHEREAS the Commission is of theopinion that to make this order would not be prejudicial tothe public interest;

IT IS ORDERED pursuant to section 144(1)of the Act that the original order of November 19, 2002,be varied by amending condition 7 by striking out the words"the day after this order" in the first line and substitutingfor them, "November 28, 2002".

December 13, 2002.

"Paul M. Moore"                    "MaryTheresa McLeod"                    "H.Lorne Morphy"