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
Section 127(1) & 127(8)
WHEREAS on December 4, 2008, the Ontario Securities Commission (the "Commission") ordered pursuant to sections 127(1) and 127(5) 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. 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, accompanied by Staff's Statement of Allegations;
AND WHEREAS on December 17, 2008, the Temporary Order was continued to February 13, 2009;
AND WHEREAS on February 13, 2009, the Temporary Order was continued to April 22, 2009;
AND WHEREAS on April 21, 2009, the Temporary Order was continued to July 7, 2009;
AND WHEREAS on July 6, 2009, the Temporary Order was continued to July 30, 2009;
AND WHEREAS on July 29, 2009, a hearing was held in this matter;
AND WHEREAS counsel for Staff of the Commission ("Staff") advised that counsel for Rickey McKenzie and James Marketing Ltd. consented to the continuation of the Temporary Order, although counsel did not attend the hearing;
AND WHEREAS Staff advised that Michael Eatch consented to the extension of the Temporary Order, although he did not attend the hearing;
AND WHEREAS Lyndz Pharmaceuticals Inc. and Lyndz Pharma Ltd. did not appear, although they were given proper notice of the hearing;
AND UPON RECEIVING submissions from Staff;
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 s. 127(8) of the Act, the Temporary Order is continued to September 2, 2009 or until further order of the Commission; and
IT IS FURTHER ORDERED THAT this matter is adjourned to September 1, 2009, at 3:00pm.
DATED at Toronto this 29th day of July, 2009.
"Carol S. Perry"