Order: In the Matter of FactorCorp Inc. et al.

      WHEREAS on May 12, 2009 the Ontario Securities Commission (the “Commission”) issued a Notice of Hearing pursuant to sections 127 and 127.1 of the Securities Act, R.S.O. 1990 c. S.5, accompanied by a Statement of Allegations (the “Statement of Allegations”) issued by Staff of the Commission on the same date against Factorcorp Inc., Factorcorp Financial Inc., and Mark Twerdun (“Twerdun”);

      AND WHEREAS on May 12, 2009 a temporary order was continued against Twerdun, as varied on October 26, 2007, until this proceeding is concluded and a decision of the Commission is rendered or until the Commission considers it appropriate;

      AND WHEREAS Twerdun brought a motion for particulars by Notice of Motion dated September 25, 2009;

      AND WHEREAS on October 5, 2009, Staff consented to an order that it provide a reply to the demand for particulars;

      AND WHEREAS Staff provided a reply to the demand for particulars on November 2, 2009 with the agreement of Twerdun;

      AND WHEREAS a motion date has been set for February 4, 2010 at the request of Twerdun to address an issue in respect of the cooperation of witnesses;

      AND WHEREAS counsel for Staff and Twerdun agreed that this matter be adjourned for a pre-hearing conference on February 4, 2010 if the motion does not proceed;

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

      IT IS HEREBY ORDERED that

      (1) A motion to be brought by Twerdun is set for February 4, 2010 at 10:00 a.m.; and

      (2) This matter is adjourned until February 4, 2010 at 10:00 a.m., or such other date as determined by the Office of the Secretary, for the purpose of having a pre-hearing conference on that date.

DATED at Toronto, this 16^th day of December 2009.