Order: In the Matter of MRS Sciences Inc. (Formerly Morningside Capital Corp.) et al.

      WHEREAS a Notice of Hearing was issued on November 30, 2007 against MRS Sciences Inc., Americo DeRosa, Ronald Sherman, Edward Emmons and Ivan Cavric;

      WHEREAS in December 2007, Staff served MRS Sciences Inc., Americo DeRosa, Edward Emmons and Ivan Cavric in December 2007 as evidenced by the affidavits of service filed as Exhibits;

      AND WHEREAS on December 21, 2007, counsel for Ivan Cavric advised that he also appeared as agent for MRS Sciences Inc., Americo DeRosa, and Edward Emmons;

      AND WHEREAS on December 21, 2007, Staff and counsel for Ivan Cavric and agent for MRS Sciences Inc., Americo DeRosa and Edward Emmons consented to and the Commission ordered an adjournment of this matter to January 31, 2008 at 10:00 a.m.;

      AND WHEREAS in January 2008, five volumes of Staff’s disclosure were couriered to counsel for Ivan Cavric and to counsel for Edward Emmons and Americo DeRosa;

      AND WHEREAS on January 16, 2008, counsel for Ivan Cavric confirmed that he was also acting on behalf of Edward Emmons and Americo DeRosa;

      AND WHEREAS on January 30, 2008, Staff and counsel for Ivan Cavric, Edward Emmons and Americo DeRosa consented to and the Commission ordered the matter adjourned to February 26, 2008 to permit Staff to effect service on Ronald Sherman;

      AND WHEREAS on February 20, 2008, Staff served the Notice of Hearing and Statement of Allegations dated November 29, 2007 and the Commission orders dated December 28, 2007 and January 30, 2008 on Ronald Sherman as evident from the affidavit of Larry Masci sworn February 26, 2008 filed as an exhibit;

      AND WHEREAS on February 26, 2008, the agent for Ronald Sherman agreed to accept delivery of Staff’s disclosure on behalf of Ronald Sherman;

      AND WHEREAS on February 26, 2008, counsel for Ivan Cavric, Edward Emmons and Americo DeRosa requested a short adjournment to consider whether his clients will bring any pre-hearing motions;

      AND WHEREAS on February 26, 2008, the Commission adjourned this matter to March 25, 2008 at 9:30 a.m.;

      AND WHEREAS Staff have filed an Amended Statement of Allegations dated March 25, 2008 which amends the previous title of proceeding on the Statement of Allegations dated November 29, 2007;

      AND WHEREAS counsel for Ivan Cavric, Edward Emmons and Americo DeRosa confirmed that he was also acting on behalf on behalf of Ronald Sherman but not, at this time, on behalf of MRS Sciences Inc;

      AND WHEREAS on March 25, 2008, Staff of the Commission requested that hearing dates be scheduled and counsel for Americo DeRosa, Ronald Sherman, Edward Emmons and Ivan Cavric is opposed to setting hearing dates at this time on the basis that counsel may bring pre-hearing motions;

      AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;

      IT IS ORDERED that: (i) the Hearing will start on October 8, 2008 at 10:00 a.m. and continue on October 9 and 10, 2008 and, if necessary, October 15 and 16, 2008; (ii) a pre-hearing conference and any prehearing motions shall be brought before mid-August 2008; and (iii) any motion to adjourn the hearing shall be brought before September 10, 2008.


Dated at Toronto this 25th day of March, 2008.

“Wendell S. Wigle” Wendell S. Wigle, Q.C.

“David L. Knight” David L. Knight, FCA