Temporary Order: In the Matter of Lyndz Pharmaceuticals Inc. et al.

IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED

- and -

IN THE MATTER OF LYNDZ PHARMACEUTICALS INC.,
JAMES MARKETING LTD., MICHAEL EATCH
and RICKEY MCKENZIE


TEMPORARY ORDER
Subsections 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 in support of the Temporary Order;

        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, the Temporary Order was continued to September 2, 2009;

        AND WHEREAS on September 1, 2009, the Temporary Order was continued to September 25, 2009;

        AND WHEREAS on September 23, 2009, the Commission issued a Notice of Hearing, accompanied by Staff's Statement of Allegations;

        AND WHEREAS Lyndz Pharma Ltd. is not part of Staff's Statement of Allegations and is no longer a respondent in this matter and is no longer subject to the Temporary Order;

        AND WHEREAS on September 24, 2009, a hearing was held in this matter;

        AND WHEREAS counsel for Rickey McKenzie and James Marketing Ltd. consented in writing to the continuation of the Temporary Order and to this matter being set down for a hearing on the merits;

        AND WHEREAS Michael Eatch appeared on his own behalf and also represented Lyndz Pharmaceuticals Inc.;

        AND WHEREAS Michael Eatch consented to the extension of the Temporary Order and to this matter being set down for a hearing on the merits;

        AND UPON RECEIVING submissions from counsel for Staff of the Commission;

        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 subsections 127(1) and (8) of the Act, the Temporary Order is continued as against the respondents until the conclusion of the hearing on the merits or until further order of the Commission; and,

        IT IS FURTHER ORDERED on consent that the hearing on the merits for this matter is set to begin on May 31, 2010.



        DATED at Toronto this 24th day of September, 2009.