IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
IN THE MATTER OF
IMG INTERNATIONAL INC.,
INVESTORS MARKETING GROUP
INTERNATIONAL INC. AND MICHAEL SMITH
(Sections 127(1) & 127(8) of the Securities Act)
WHEREAS on June 11, 2009, the Ontario Securities Commission (the "Commission") issued a temporary cease trade order (the "Temporary Order") pursuant to sections 127(1) and 127(5) of the Securities Act, R.S.O. 1990, c. S.5, as amended (the "Act") ordering that all trading in securities by IMG International Inc./Investors Marketing Group International Inc. ("IMG") and Michael Smith ("Smith") shall cease;
AND WHEREAS on June 11, 2009, the Commission ordered that the Temporary Order shall expire on the 15th day after its making unless extended by order of the Commission;
AND WHEREAS on June 19, 2009, the Commission issued a Notice of Hearing to consider, among other things, the extension of the Temporary Order, to be held on June 24, 2009 at 10:00 a.m;
AND WHEREAS Staff advised that it could not personally serve IMG and Smith with the Notice of Hearing because the identity and address information known to Staff is either incorrect, fake, or cannot be used to leave a message;
AND WHEREAS Staff advised that it received a voice message from an unidentified person on behalf of Smith but leaving no contact information;
AND WHEREAS Staff advised that it has not heard further from Smith or IMG or anyone on their behalf;
AND WHEREAS the Commission is satisfied that IMG and Smith have taken steps to prevent Staff from serving them but are aware of Staff's investigation;
AND WHEREAS the Commission is satisfied that Staff has taken reasonable steps to give notice of the hearing to the respondents;
AND WHEREAS the Commission held a Hearing on June 24, 2009, where counsel for Staff attended but no one attended for IMG or Smith before the Commission;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this Order;
AND WHEREAS upon considering the affidavit of Albert Ciorma, sworn June 22, 2009, and pursuant to section 127(8) satisfactory information has not been provided to the Commission by any of the respondents;
IT IS HEREBY ORDERED pursuant to section 127(8) that the Temporary Order is extended until October 7, 2009.
IT IS FURTHER ORDERED that the hearing is adjourned to October 6, 2009 at 2:30 p.m., or such other time as the Secretary's Office may advise.
DATED at Toronto this 24th day of June 2009.