Reasons Released in von Anhalt v. OSC

Toronto – On January 25, 2005, Madam Justice Pepall of the Superior Court of Justice of Ontario delivered her reasons for decision on a motion by Jurgen von Anhalt to dissolve an interim order obtained by the Ontario Securities Commission made pursuant to subsection 128(4) of the Securities Act that prohibited him from calling a shareholders meeting of Lydia Diamond Exploration of Canada Ltd. to elect a new Board of Directors.

Madam Justice Pepall denied the motion. In her reasons, Madam Justice Pepall observed that any prejudice suffered by the respondent by maintining the interim order could be lessened by expediting the case timetable. Accordingly, she ordered counsel for all parties to appear for an expedited timetable to be fixed by the court.

In compliance with those instructions, counsel for all parties appeared on February 4, 2005, at which time an expedited schedule was set and the section 128 Application was ordered to be heard from June 27, 2005 to June 30, 2005 in the Commercial Court. A copy of her reasons for decision are available at https://www.canlii.org/en/on/onsc/doc/2005/2005canlii2033/2005canlii2033.html.

The Ontario Securities Commission is applying under section 128 of the Ontario SecuritiesAct for remedial relief from the alleged non-compliance of Jurgen von Anhalt and Emilia von Anhalt with Ontario securities law.

-30-
 

For Media Inquiries:	Eric Pelletier Manager, Media Relations 416-595-8913
For Investor Inquiries:	Call the OSC Contact Centre (416) 593-8314 1-877-785-1555 (Toll Free)