Montréal, December 29, 2008
Davies Ward Phillips & Vineberg LLP
26th Floor
1501 McGill College Avenue
Montréal (Québec) H3A 3N9
Attention: Mr. Dan Wolfensohn
Re: CryoCath Technologies Inc. (the “Applicant”) - Application for a decision under the securities legislation of Alberta, Saskatchewan, Manitoba, Ontario, Québec, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador (the“Jurisdictions”) that the Applicant is not a reporting issuer
Dear Sir:
The Applicant has applied to the local securities regulatory authority or regulator (the “Decision Maker”) in each of the Jurisdictions for a decision under the securities legislation (the “Legislation”) of the Jurisdictions that the Applicant is not a reporting issuer.
As the Applicant has represented to the Decision Makers that:
(a) the outstanding securities of the Applicant, including debt securities, are beneficially owned, directly or indirectly, by fewer than 15 security holders in each of the Jurisdictions in Canada and fewer than 51 security holders in total in Canada;
(b) no securities of the Applicant are traded on a marketplace as defined in Regulation 21-101 respecting Marketplace Operation;
(c) the Applicant is applying for a decision that is not a reporting issuer in all of the Jurisdictions in Canada in which it is currently a reporting issuer; and
(d) the Applicant is not in default of any of its obligations under the Legislation as a reporting issuer;
each of the Decision Makers is satisfied that the test contained in the Legislation that provides the Decision Maker with the jurisdiction to make the decision has been met and orders that the Applicant’s status as a reporting issuer is revoked.
Alexandra Lee
Alexandra Lee
Manager, Continuous Disclosure
Investment Funds and Continuous Disclosure