IN THE MATTER OF
THE SECURITIES ACT,
R.S.O. 1990, c. S.5, AS AMENDED
IN THE MATTER OF
PROSPOREX INVESTMENTS INC.,
PROSPOREX FOREX SPV TRUST,
ANTHONY DIAMOND, DIAMOND + DIAMOND,
AND DIAMOND + DIAMOND
MERCHANT BANKING BANK
(Sections 127(1) and (8))
WHEREAS on July 13, 2009 the Commission made a temporary order, pursuant to subsections 127(1) and (5) of the Act, that all trading in securities of Prosporex Investment Club Inc., Prosporex Investments Inc., Prosporex Ltd., Prosporex Inc. and Prosporex FOREX SPV Trust and any other purported "offshore trust" associated therewith by these respondents shall cease and that any exemptions contained in Ontario securities law do not apply to the respondents;
AND WHEREAS, pursuant to subsection 127(5) of the Act, the Temporary Order shall expire on July 28, 2009 unless extended by the Commission;
AND WHEREAS, the Commission held a hearing on July 28, 2009 to consider whether to extend the Temporary Order;
AND WHEREAS, Staff of the Commission and counsel for the respondents, Anthony Diamond, Diamond + Diamond, and Diamond + Diamond Merchant Banking Bank were present at the hearing;
AND WHEREAS, no one attended the hearing on behalf of the other respondents, Prosporex Investments Inc. and Prosporex Forex SPV Trust on that day;
AND WHEREAS, Staff filed an affidavit by Allister Field sworn on July 23, 2009 in support of their request for an extension of the Temporary Order;
AND UPON CONSIDERING the written materials provided in connection with Staff's request for an extension of the Temporary Order;
AND UPON CONSIDERING the oral submissions of Staff and counsel for the respondents, Anthony Diamond, Diamond + Diamond, and Diamond + Diamond Merchant Banking Bank;
AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;
IT IS ORDERED THAT:
1. the Temporary Order is extended to August 18, 2009, unless extended or varied by further order of the Commission;
2. a hearing to consider whether to extend the Temporary Order shall be held on Tuesday, August 18, 2009 at 3:30 p.m.
DATED at Toronto this 28th day of July, 2009.
"Mary G. Condon"
"Carol S. Perry"