Covering letter from Defendant dated 05-JAN-2009 concerning Further to the case management conference call held on December 12, 2008, attached please find the Defendants' Motion Record for Further Particulars. Also attached, please find a Certificate of Service placed on file on 28-JAN-2009

Discontinuance with Consent on behalf of Plaintiff with consent on behalf of Defendant filed on 26-JAN-2009

Memorandum to file from Vancouver dated 19-JAN-2009 the Plaintiff's letter dated 19-JAN-2009 was forwarded to the Presiding Judge in Ottawa. placed on file.

Letter from Plaintiff dated 19-JAN-2009 advising the Court "...that the Plaintiff's do not consent to the communication of the parties' PTC to the trial judge under Rule 267. received on 19-JAN-2009

Ottawa 16-JAN-2009 BEFORE The Honourable Mr. Justice Lemieux Language: E Before the Court: Trial Management Conference Result of Hearing: The Court and Counsel discuss expectations for the trial held by way of Conference Call Duration per day: 16-JAN-2009 from 08:00 to 08:50 Courtroom : Judge's Chambers - Ottawa Court Registrar: Bryana Bouchir Total Duration: 50min Appearances: Bruce Green, Oyen Wiggs Green & Mutala 604-669-3432 representing Plaintiff Micheal Manson, Smart & Biggar 604-682-7780 representing Defendant Minutes of Hearing entered in Vol. 793 page(s) 447 - 450 Abstract of Hearing placed on file

Memorandum to file from Vancouver Office dated 15-JAN-2009 An agenda for the TMC, scheduled for January 16, 2009, has been faxed to Counsel for the parties. placed on file.

Oral directions received from the Court: The Honourable Mr. Justice Lemieux dated 14-JAN-2009 directing that "A pre-trial conference will be held with counsel for the parties on January 16, 2009 at 11:00 a.m. (eastern time)." placed on file on 14-JAN-2009

Vancouver 12-JAN-2009 BEFORE Roger Lafrenière, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Parties are heard on the issues held by way of Conference Call Duration per day: 12-JAN-2009 from 10:30 to 10:37 Courtroom : Judge's Chambers 8th Floor-Vancouver Court Registrar: Bryana Bouchir Total Duration: 7min Appearances: Bruce Green, Oyen Wiggs Green Mutala 604-669-3432 representing Plaintiff Micheal Manson, Smart & Biggar 604-682-7780 representing Defendant Timothy Lo, Smart & Biggar, 604-628-7780 representing Defendant Minutes of Hearing entered in Vol. 793 page(s) 204 - 205 Abstract of Hearing placed on file

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 09-JAN-2009 directing that "A case management conference will be held by teleconference with counsel for the parties on Monday, January 12, 2009 at 10:30 a.m." placed on file on 09-JAN-2009

Adjournment letter dated 09-JAN-2009 received on 09-JAN-2009 from Defendant concerning Motion Doc. No. 106 currently scheduled to be heard at General Sitting on 12-JAN-2009 now withdrawn placed on file.

Affidavit of service of C. Noelle Rozario sworn on 08-JAN-2009 on behalf of Plaintiff confirming service of Doc. 114 upon Defendant by courier on 08-JAN-2009 filed on 08-JAN-2009

Motion Record in response to Motion Doc. No. 106 containing the following original document(s): 112 113 Number of copies received: 3 on behalf of Plaintiff filed on 08-JAN-2009

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 106 filed on 08-JAN-2009

Affidavit of C. Noelle Rozario sworn on 08-JAN-2009 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 106 with Exhibits "A-C" filed on 08-JAN-2009

Solicitor's certificate of service on behalf of Timothy P. Lo confirming service of Defendant's Book of Authorities upon Plaintiff by personal service on 07-JAN-2009 filed on 07-JAN-2009

Book of Authorities consisting of 1 volume(s) on behalf of Defendant (re motion doc. 106) received on 07-JAN-2009 Sent directly to Presiding Judge

Solicitor's certificate of service on behalf of Timothy Lo confirming service of 109 upon Plaintiff by personal service on 05-JAN-2009 filed on 05-JAN-2009

Motion Record containing the following original document(s): 106 107 108 Number of copies received: 3 on behalf of Defendant filed on 05-JAN-2009

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 106 filed on 05-JAN-2009

Affidavit of Maureen Cho sworn on 05-JAN-2009 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 106 with Exhibits A-Z and AA-BB filed on 05-JAN-2009

Notice of Motion contained within a Motion Record on behalf of Defendant returnable at General Sitting in Vancouver on 12-JAN-2009 to begin at 09:30 duration: 2h language: E for an Order pursuant to Rule 181 of the Rules that the Plaintiff file further and the Defendant's costs of this motion. filed on 05-JAN-2009

Affidavit of service of C. Noelle Rozario sworn on 19-DEC-2008 on behalf of Plaintiff confirming service of doc.104 upon Defendant by courier on 19-DEC-2008 filed on 22-DEC-2008

Trial Record on behalf of Plaintiff filed on 22-DEC-2008

Writ of Subpoena Ad Testificandum issued on 18-DEC-2008 cc filed

Request for Writ(s) of Subpoena Ad Testificandum on behalf of Plaintiff filed on 18-DEC-2008 Tariff any other proceeding - $30.00

Toronto 12-DEC-2008 BEFORE Roger Lafrenière, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: CMC conducted held by way of Conference Call Duration per day: 12-DEC-2008 from 09:00 to 09:04 Courtroom : Judge's Chambers 8th Floor-Vancouver Court Registrar: Tamsin Ramsay Total Duration: 4min Appearances: Bruce Green (Oyen Wiggs Green & Mutala LLP) 604-669-3432 representing Plaintiff Michael Manson (Smart & Biggar) 604-682-7780 representing Defendant Comments: Motion to be filed by the Defendant re further particulars. D's Motion to be s/f on 05-Jan-2009, P's responding M/R to be s/f on 08-Jan-2009 and the motion to be returnable at General Sitting in Vancouver on 12-Jan-2009. CM will determine if a Judge, Prothonotary or trial Judge should hear the motion after reviweing the material when it's filed. Minutes of Hearing entered in Vol. 791 page(s) 216 - 218 Abstract of Hearing placed on file

Written directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 10-DEC-2008 directing that "A case management teleconference will be held on December 12, 2008 at 12pm (EST) for a duration of 30 minutes." placed on file on 10-DEC-2008 Confirmed in writing to the party(ies)

Letter from Defendant dated 09-DEC-2008 requesting a CMC (via teleconference) to discuss a request for particulars for trial. FORWARDED TO PROTHONOTARY LAFRENIÈRE received on 09-DEC-2008

Covering letter from Defendant dated 07-NOV-2008 concerning Minutes of Teleconference placed on file on 07-NOV-2008

Minutes of Teleconference of November 6, 2008 prepared by Mr. Manson received on 07-NOV-2008

Vancouver 06-NOV-2008 BEFORE Roger Lafrenière, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Mr. Manson to provide to the Court an letter to outline the issues discussed at the case management teleconference. held by way of Conference Call Duration per day: 06-NOV-2008 from 10:00 to 10:15 Courtroom : Judge's Chambers 8th Floor-Vancouver Court Registrar: Patrick Chippior Total Duration: 15min Appearances: Mr. Bruce Green 9(OYEN WIGGS GREEN & MUTALA LLP) (604) 669-3432 representing Plaintiff Mr. Michael D. Manson (SMART & BIGGAR) (604) 682-7780 representing Defendant Minutes of Hearing entered in Vol. 788 page(s) 231 - 234 Abstract of Hearing placed on file

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 03-NOV-2008 directing that "A case management conference by way of teleconference will be held with counsel for the parties on Thursday, November 6, 2008 at 1:00 a.m.". placed on file on 03-NOV-2008 Confirmed in writing to the party(ies)

Letter from Defendant dated 02-JUN-2008 To confirm telephone conversation to advise that it wouls be difficult to properly prepare for an 8 day trial commencing December 9, 2008. received on 02-JUN-2008

Memorandum to file from Ottawa dated 04-JUN-2008 Pursuant to the Order of G. Calamo on June 4, 2008, the court will not sit on Monday February 9th 2009. placed on file.

Order (time and place) dated 04-JUN-2008 rendered by G. Calamo, Judicial Administrator and signed by Judicial Administrator fixing Trial of the matter to be heard at Special Sitting in Vancouver on 03-FEB-2009 to begin at 09:30 duration: 8d language: E Filed on 04-JUN-2008 cc's sent to parties entered in J. & O. Book, volume 1024 page(s) 376 - 377 Transmittal letters placed on file

Minutes of Pre-Trial Conference filed on 06-MAY-2008

Vancouver 28-APR-2008 BEFORE Roger Lafrenière, Esq., Prothonotary Language: E Before the Court: Pre-Trial Conference Result of Hearing: Matter to proceed to an 8 day Trial; Plaintiff to provide minutes of a Pre- Trial Conference; held Discovery Room 816 Duration per day: 28-APR-2008 from 11:50 to 12:50 Courtroom : Examination for Discovery Room 816 - Vancouver Court Registrar: Patrick Chippior Total Duration: 1h Appearances: Mr. Bruce M. Green (OYEN WIGGS GREEN & MUTALA LLP) (604) 669-3432 representing Plaintiff Mr. Michael D. Manson; Mr. Timothy P. Lo (SMART & BIGGAR) (604) 682-7780 representing Defendant Comments: Upon receipt of counsel's minutes of Pre-Trial Conference the Prothonotary will canvass the Court for a Trial date for 8 days in Vancouver Minutes of Hearing entered in Vol. 774 page(s) 152 - 156 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Timothy P. Lo confirming service of Defendant's Pre-Trial Brief (Doc.98) upon Plaintiff by personal service on 25-APR-2008 filed on 25-APR-2008

Pre-Trial Brief on behalf of Defendant filed on 25-APR-2008 in triplicate.

Letter from the Defendants to Federal Court (to the attention of Mr. Prothonotary Lafrenière) dated 18-APR-2008 Letter concerning the PTC fixed for 28-APR-2008; wherein counsel "...request a Direction from the Court requiring that the parties' Representatives and their Counsel attend in person." received on 18-APR-2008

Letter from Plaintiff dated 18-APR-2008 We act for the Plaintiffs in the above matter. Kindly bring this letter to the attention of Prothonotary Lafrenière who has been designated to assist in the management of this case. With reference to the letter from the defendants' counsel of today's date, the Plaintiffs have already indicated to Bryana Bouchir, Registry Officer - Case Management, that both the Plaintiffs' representative and Plaintiffs' counsel will attend in person at the Pre Trial Conference scheduled for April 28, 2008. received on 18-APR-2008

Memorandum to file from Vancouver Office dated 02-APR-2008 Mr. Green phoned to advise he and his client would be attending in person at the PTC scheduled for 28-APR-2008. placed on file.

Notice of pre-trial conference dated 01-APR-2008 further to the directions of Roger Lafrenière, Esq., Prothonotary fixing Pre-Trial Conference to be heard at Special Sitting in Vancouver on 28-APR-2008 to begin at 11:30 duration: 3h language: E Filed on 01-APR-2008 issued to parties Pre-trial conference memorandum to be served and filed no later than 25-APR-2008

Letter from Plaintiff dated 27-MAR-2008 Further to the Plaintiffs' requisition for pre-trial conference filed March 25, 2008, the Defendants advise that of the dates available to the Plaintiff the Defendants are also available for a pre-trial conference on April 18, April 28 and May 2, 2008. received on 27-MAR-2008

Memorandum to file from Patrick Chippior SRO-CM Vancouver dated 26-MAR-2008 At the direction of the Prothonotary, I contacted Mr. Green to request that he submit mutual dates of availability for a PreTrial conference by weeks end. placed on file.

****** CANCELLED ****** Covering letter from Plaintiff dated 25-MAR-2008 concerning Doc. Nos. 92 93 95 95 filed on 25-MAR-2008

Affidavit of service of C. Noelle Rozario sworn on 25-MAR-2008 on behalf of Plaintiff confirming service of a) copy of Requisition for PTC b) copy of PTC Memorandum; copy of Affidavit of Kenneth E. Laloge upon Defendant by courier on 25-MAR-2008 filed on 25-MAR-2008

Affidavit of Kenneth E. Laloge sworn on 19-MAR-2008 on behalf of Plaintiff to provide a monetary calculation of damages suffered by the Plaintiff-PTC with Exhibits "A" to "I" filed on 25-MAR-2008

Pre-trial conference memorandum on behalf of Plaintiff filed on 25-MAR-2008

Requisition for pre-trial conference from Plaintiff filed on 25-MAR-2008 Tariff Any other action - $300.00

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 19-FEB-2008 directing that "In the absence of any objection on the part of the Defendant, the Plaintiff is granted an extension of time to March 25, 2008 to serve and file a requisition for pre-trial conference". placed on file on 19-FEB-2008 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 19-FEB-2008 We act for the Plaintiffs in this matter. Kindly bring this letter to the attention of Prothonotary Roger Lafrenière, who has been designated to assist in the management of this case. The Plaintiffs urgently request a brief (5 to 10 Minutes) case management teleconference in the above action.... received on 19-FEB-2008

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 21-JAN-2008 directing that The motion on behalf of the Plaintiffs dated November 30, 2007 is hereby declared abandoned. Either party may requisition a case managment conference in the event the parties cannot agree on the issue of costs of the Plaintiff motion. placed on file on 21-JAN-2008 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 21-JAN-2008 advising that they do not wish to file a notice of abandonment of motion but would instead like an order dismissing the motion and awarding costs to the Pliantiffs. (forwarded to CM) received on 21-JAN-2008

Memorandum to file from Tamsin Ramsay dated 21-JAN-2008 I spoke with Plaintiffs counsel and they will be serving and filing a Form 370 re abandonment of motion. placed on file.

Letter from Plaintiff dated 21-JAN-2008 advising that they wish to withdraw their motion. received on 21-JAN-2008

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 17-JAN-2008 directing that On consent of the parties, the Defendants are granted an extension of time to 17-JAN-2008 to serve and file a motion record in response to the Plantiffs' motion in writing filed on 30-NOV-2007. placed on file on 17-JAN-2008

Memorandum to file from Suzanna Lee, Vancouver dated 18-JAN-2008 Spoke Mr. Timothy Lo by phone on 18-JAN-2008 with respect to the directions of the Court dated 17-JAN-2008. Mr. Lo advises that he is in communication with Mr. Green's office and that the motion may be withdrawn. The parties will follow-up with a letter next week. placed on file.

****** CANCELLED ****** Oral directions of assessment officer received from Roger Lafrenière, Esq., Prothonotary dated 17-JAN-2008 directing that On consent of the parties, the Defendants are granted an extension of time to 17-JAN-2008 to serve and file a motion record in response to the Plantiff's motion in writing filed on 30-NOV-2007. placed on file on 18-JAN-2008

Letter from Defendants dated 15-JAN-2008 asking the Court for a further 2 day extension of time to file and serve the Respondents motion record received on 15-JAN-2008

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 10-JAN-2008 directing that On consent of the parties, the Defendants are granted and extension of time to 15-Jan-2008 to serve and file a motion record in response to the Plaintif motion in writing filed on 30-Nov-2007. placed on file on 10-JAN-2008 Confirmed in writing to the party(ies)

Letter from Defendant dated 08-JAN-2008 seeking a further extension of time to file the their motion record in response (forwarded to CM) received on 09-JAN-2008

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 13-DEC-2007 directing that "On consent of the parties the Plaintiffs are granted an extension of time to February 28, 2008 to serve and file a requisition for pre-trial conference in accordance with Rule 258 of the Federal Courts Rules". placed on file on 14-DEC-2007 Confirmed in writing to the party(ies)

Letter from Defendant dated 12-DEC-2007 This letter is filed in response to the Plaintiff's letter of December 12, 2007, requesting an extension of time until February 28, 2008 to file the requisition for pre-trial conference. The Defendants hereby consent to the extension requested by the Plaintiffs. received on 12-DEC-2007

Letter from Plaintiff dated 12-DEC-2007 We act for the Plaintiffs in this matter...An Order deferring the Plaintiffs date for serving and filing a requisition for pre-trial conference is therefore respectfully requested...... received on 12-DEC-2007

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 11-DEC-2007 directing that "On consent of the parties, the Defendants are granted an extension of time to January 8, 2008 to serve and file a motion record in response to the Plaintiffs' motion in writing filed November 30, 2007". placed on file on 11-DEC-2007 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 10-DEC-2007 seeking an extension of time to file the Defenfdant's responding motion record (forwarded to CM) received on 10-DEC-2007

Amended Defence on behalf of both defendants with proof of service upon Plaintiff on 03-DEC-2007 filed on 05-DEC-2007

Order dated 04-DEC-2007 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant dated 04-DEC-2007 Result: THIS COURT ORDERS that 1. The Defendants are granted an extenion of time, nunc pro tunc, to December 3, 2007 to serve their Amended Statement of Defence. 2. The Defendants are granted an extension of time to December 10, 2007 to file their Amended Statement of Defence, along with proof of service on the Plaintiffs. Filed on 04-DEC-2007 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1006 page(s) 202 - 203 Interlocutory Decision

Letter from Defendant dated 04-DEC-2007 requesting from the Court which would extend the deadline for service and filing of the Amended Statement of Defence received on 04-DEC-2007

Affidavit of service of C. Noelle Razrio sworn on 30-NOV-2007 on behalf of Plaintiff confirming service of Motion Record (Doc.88) upon Defendant by courier on 30-NOV-2007 filed on 30-NOV-2007

Motion Record containing the following original document(s): 85 86 87 Number of copies received: 3 on behalf of Plaintiff filed on 30-NOV-2007

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion in writing Doc. No. 85 filed on 30-NOV-2007

Affidavit of C. Noelle Razario sworn on 30-NOV-2007 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 85 with Exhibits "A" and "B" filed on 30-NOV-2007

Notice of Motion contained within a Motion Record on behalf of Plaintiff in writing to be dealt with in the Vancouver local office for an Order pursuant to Rules 240 & 245 directing the Defendants to answer in writing the further question raised in the Plaintiff's letter of November 10, 2007. filed on 30-NOV-2007

Affidavit of service of C. Noelle Rozario sworn on 31-OCT-2007 on behalf of Plaintiff confirming service of Doc. No. 83 upon Defendant by telecopier on 31-OCT-2007 filed on 31-OCT-2007

Further Amended Statement of Claim filed on 31-OCT-2007

Order dated 21-SEP-2007 rendered by Chief Justice Lutfy Matter considered without personal appearance The Court's decision is with regard to Motion ex proprio motu Result: "IT IS ORDERED pursuant to Rule 383 that Prothonotary Roger Lafrenière is designated to assist in the management of this matter." Filed on 28-SEP-2007 certified copies sent to parties & to CAS-SATJ Office: VANCOUVER Transmittal Letters placed on file. entered in J. & O. Book, volume 999 page(s) 532 - 532 Interlocutory Decision

Order dated 02-OCT-2007 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 78 Result: granted This court orders that: 1) Claire Burns is hereby removed as a party to the proceeding. 2) Any consequential amendments to the Statement of Claim shall be served and filed within 30 days of the date of this order and any consequential amendments to the Defence shall be served and filed within 30 days of the service of the Amended Statement of Claim. Filed on 02-OCT-2007 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 999 page(s) 460 - 461 Interlocutory Decision

Memorandum to file from Suzanna Lee, Vancouver dated 03-OCT-2007 docs. 78 and 79 are together, but have been entered as separate entries. placed on file.

Covering letter from Plaintiff dated 01-OCT-2007 concerning Doc. Nos. 78 79 80 placed on file on 01-OCT-2007

Affidavit of service of C. Noelle Rozario sworn on 28-SEP-2007 on behalf of Plaintiff confirming service of doc. 78, 79 upon Defendant by telecopier on 28-SEP-2007 filed on 01-OCT-2007

Consent on behalf of all parties to to an Order in terms of the attached draft order that was received with the Plantiff's motion doc. 78 filed on 01-OCT-2007

Notice of Motion on behalf of Plaintiff in writing to be dealt with in the Vancouver local office for an Order that Claire Burns cease to be a party and dispensing with the requirement for the service and filing of a motion record for this motion. filed on 01-OCT-2007 Draft Order\\Judgment received.

Memorandum to file from Suzanna Lee, Vancouver dated 01-OCT-2007 Notice of motion with respect to the Order of the Court dated 27-SEP-2007 sent to the Court for directions as the documents were not in accordance with Rule 364. placed on file.

Order dated 27-SEP-2007 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 68 Result: granted The Court's decision is with regard to Letter from Plaintiff dated 24-SEP-2007 Result: granted 1. Costs of the Plaintiffs motion are costs in the cause 2. The Plaintiffs motion is otherwise dismissed 3.The Plaintiffs shall s/f a consent motion in writing for the removal of Claire Burns as a party by 01-Oct-2007 4. The Plaintiffs shall s/f an amended Statement of CLaim within 30 days of disposition of their motion brought in accordance with paragraph 3 of this order 5. The Defendants shall s/f an amended Statement of Defence within 30 days of service of the Amended Statement of Claim. 6.Any remaining answers on discovery shall be provided or any motion to compel same shall be s/f by 30-Nov-2007 7. The Plaintiffs shall serve and file a req for PTC by 17-Dec-2007. Filed on 27-SEP-2007 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 999 page(s) 52 - 55 Interlocutory Decision

Letter from Plaintiff dated 24-SEP-2007 outlining a proposed joint schedule for the remaining steps. (forwarded to CM) received on 24-SEP-2007

Covering letter from Plaintiff dated 21-SEP-2007 concerning draft order placed on file on 21-SEP-2007

Draft Order concerning Motion Doc. No. 68 consented to by all parties received on 21-SEP-2007

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 17-SEP-2007 directing that "Further to correspondence dated July 19, 2007 from counsel for the Plaintiffs, and inquiries from the Registry, the Plaintiffs are directed to submit, no later than September 24, 2007, a draft order disposing of their motion filed on April 20, 2007. The Plaintiffs are also directed to submit at the same time a joint schedule for completion of the next steps in the proceeding. In the event the parties cannot agree on a schedule, the Plaintiffs shall forthwith requisition a case management conference by letter, including: (a) an agenda for the conference; (b) a summary of the positions of the parties with respect to the agenda items; (c) draft wording for the directions or orders required from the Court; (d) the estimated duration of the conference; and (e) dates of mutual availability of counsel for the parties." placed on file on 17-SEP-2007 Confirmed in writing to the party(ies)

Memorandum to file from Tamsin Ramsay dated 19-JUL-2007 at the request of the CM I spoke with counsel for the Plaintiff and requeste that they send in a draft order on consent to dispose of the outstanding motion. placed on file.

****** REMOVED ****** Order dated 19-JUL-2007 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: granted 1. The Plaintiffs shall serve upon the Defendant answers to all otstanding undertakings by 31-Jul-2007 2. The parties are dispensed form the requirment to serve any further affidavits of documents 3. The parties are granted an extension of time to 31-Aug-2007 to serve a Request to Admit 4. The parties are granted an extension of time to serve a Response to Request to Admit to a date agreed upon or, failing agreement, to a date to be fixed by the Court. Filed on 19-JUL-2007 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 992 page(s) 181 - 182 Interlocutory Decision

Letter from Plaintiff dated 19-JUL-2007 "We act for the Plaintiffs in this matter. Further to our letter dated July 13, 2007 and the Court's directions dated July 13, 2007, the Defendants have agreed that Mr Stibbard will voluntarily re-attend in Vancouver at his own expense and the parties have agreed that costs of the Plaintiffs' motion will be costs in the cause . . ." (forwarded to CM) received on 19-JUL-2007

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 13-JUL-2007 directing that "Counsel will not be required to attend on Monday, July 16, 2007. Plaintiff shall serve and file their submissions not later than July 20, 2007, the Defendant shall serve and file their submissions not later than July 27, 2007". placed on file on 13-JUL-2007 Confirmed in writing to the party(ies)

Correction to General Sitting concerning Motion Doc. No. 68 Hearing removed from General Sitting at Vancouver on 16-JUL-2007 Reason for correction: the motion will be dealt with by the Prothonotary on written submissions

Copy of a Letter from Plaintiff dated 13-JUL-2007 advising that a portion of the Plaintiff's Motion (Doc. No. 68) has been resolved and issuing remaining are proposed to be dealt with by written submissions or if the Court prefers, to appear on 16-JUL-2007 at noon to deal with the matter received on 13-JUL-2007

Adjournment letter dated 21-JUN-2007 received on 21-JUN-2007 from Plaintiff concerning Motion Doc. No. 68 currently scheduled to be heard at General Sitting on 25-JUN-2007 now adjourned to General Sitting in Vancouver on 16-JUL-2007 to begin at 09:30 duration: 1h language: E placed on file.

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 21-JUN-2007 directing that "Upon being advised of the consent of the parties, the Plaintiffs' motion is adjourned to the General Sittings in Vancouver on July 16, 2007". placed on file on 21-JUN-2007 Confirmed in writing to the party(ies)

Affidavit of service of c. Noelle Rozario sworn on 04-JUN-2007 on behalf of Plaintiff confirming service of doc. 74 upon Defendant by courier on 04-JUN-2007 filed on 04-JUN-2007

Motion Record containing the following original document(s): 70 71 72 73 Number of copies received: 3 on behalf of Plaintiff filed on 04-JUN-2007

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 68 filed on 04-JUN-2007

Affidavit of C. Noelle Rozario sworn on 21-MAR-2007 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 68 with Exhibits "A - F" filed on 04-JUN-2007

Affidavit of James S. Burns sworn on 27-MAR-2002 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 68 filed on 04-JUN-2007

Affidavit of Stephen Parker sworn on 01-NOV-2006 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 68 filed on 04-JUN-2007

Adjournment letter dated 05-JUN-2007 received on 05-JUN-2007 from Plaintiff concerning Motion Doc. No. 68 currently scheduled to be heard at General Sitting on 11-JUN-2007 now adjourned to General Sitting in Vancouver on 25-JUN-2007 to begin at 09:30 duration: 1h language: E placed on file.

Correction to General Sitting concerning Motion Doc. No. 68 Hearing added to General Sitting at Vancouver on 11-JUN-2007 at 09:30 duration: 1h Language: E Reason for correction: added pursuant to the Direction of Lafrenière, P. dated May 1, 2007

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 01-MAY-2007 directing that Further to the Plaintiff's letter of April 30, 2007: "The Plaintiff's motion filed on April 20, 2007 shall be heard at the General Sittings in Vancouver on June 11, 2007." placed on file on 01-MAY-2007 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 30-APR-2007 Further to the direction of the CM made April 24, 2007, counsel advise that they are both available on Monday, June 11, 2007 for the hearing of the Plaintiff's Motion filed April 20, 2007. The Plaintiff's Motion Record will be (served and filed) by June 4, 2007 and the Defendant's Motion Record by June 7, 2007. (cc'd to other party) (forwarded to the Court) received on 30-APR-2007

Written directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 24-APR-2007 directing that The Plaintiffs are directed to provide, no later than May 1, 2007, an estimated duration and dates of mutual availability of counsel for the parties for the hearing of their motion filed April 20, 2007 as well as a joint schedule for the service and fiing of the parties' respective motion records. placed on file on 24-APR-2007 Confirmed in writing to the party(ies)

Covering letter from Plaintiff dated 20-APR-2007 concerning Doc. Nos. 68 69 placed on file on 20-APR-2007

Affidavit of service of C. Noelle Rozario sworn on 21-MAR-2007 on behalf of Plaintiff confirming service of Doc 68 upon Defendant by courier on 21-MAR-2007 filed on 20-APR-2007

Notice of Motion on behalf of Plaintiff returnable at a date and time to be determined for the production of documents and answers in writing to questions posed by the Plaintiffs in their letter of 30-Mar-2004 inter alia (forwarded to Prothonotary Lafreniere) filed on 20-APR-2007

Letter from Plaintiff dated 21-MAR-2007 "This is further to counsel's telephone conversation with Ms Ramsay concerning the status of this action, which is specially managed.....a motion for production of that document, and some additional documents and answers, and for re-attendance, has been served on the Defendants and will be filed very shortly.... Filing of the requisition for a pre-trial conference awaits the resolution of the outstanding motion." SEE LETTER FOR COMPLETE DETAILS received on 21-MAR-2007

Memorandum to file from Tamsin Ramsay dated 13-MAR-2007 I spoke with counsel for the Plaintiff who advised me that he will be sending in a status letter within the next week. placed on file.

Correction to General Sitting concerning Motion Doc. No. 39 Hearing removed from General Sitting at Vancouver on 13-MAR-2006 Reason for correction: Plaintiff's letter dated March 8, 2006

Letter from Plaintiff dated 08-MAR-2006 advising that the Plaintiffs Motion #39 is withdrawn received on 08-MAR-2006

Correction to General Sitting concerning Motion Doc. No. 34 Hearing removed from General Sitting at Vancouver on 13-MAR-2006 Reason for correction: Defendant's letter 8-MAR-2006

Letter from Defendant dated 08-MAR-2006 advising the Defendant's Motion filed 14-JUL-2005 (Doc. No. 34) is withdrawn received on 08-MAR-2006

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 06-FEB-2006 directing that A case management conference by telephone with the counsel for the parties, is hereby fixed for Wednesday, February 8,2006 at 9:00 a.m. for a duration of 30 minutes» placed on file on 06-FEB-2006

Correction to General Sitting concerning Motion Doc. No. 39 Hearing added to General Sitting at Vancouver on 13-MAR-2006 at 09:30 duration: 20min Language: E Reason for correction: a direction to the Registrar following a case management teleconference

Correction to General Sitting concerning Motion Doc. No. 34 Hearing added to General Sitting at Vancouver on 13-MAR-2006 at 09:30 duration: 1h Language: E Reason for correction: a direction to the Registrar following a case management teleconference

Vancouver 08-FEB-2006 BEFORE Roger Lafrenière, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Parties have requested that their motions be heard at a General Sitting in Vancouver; The Registrar to re-schedule the Plaintiff Motion #39 and the Defendant's Motion #34 for hearing on March 13, 2006; Counsel to provide in writing on or before March 8, 2006 the outstanding issues to be tried on the motions. held by way of Conference Call Duration per day: 08-FEB-2006 from 09:00 to 09:05 Courtroom : Judge's Chambers 8th Floor-Vancouver Court Registrar: Patrick Chippior Total Duration: 5min Appearances: Mr. Bruce M. Green (OYEN WIGGS GREEN & MUTALA LLP) (604) 669-3432 representing Plaintiff Mr. Timothy Lo (SMART & BIGGAR) (604) 682-7780 representing Defendant Minutes of Hearing entered in Vol. 712 page(s) 223 - 224 Abstract of Hearing placed on file

Letter from Plaintiff dated 01-FEB-2006 This is further to counsel's telephone disucssions with Mr. Chippior concerning the status of this action.......It would be of assistance therefore if a short case management teleconference could be arranged to re-schedule the foregoing motions. received on 02-FEB-2006

Copy of Corrections of the reasons for judgment by Mr Justice Pelletier. Judement da ted october 17, 2005 in the A-407-04 placed on file on 30-JAN-2006 Original placed on Court File No. A-407-04

Copy of Judgment and Reasons for Judgment dated 17-OCT-2005 rendered by The Honourable Madam Justice Desjardins The Honourable Mr. Justice Rothstein The Honourable Mr. Justice Pelletier placed on file. Original filed on Court File No. A-407-04

Certified French language Translation of Reasons for Order and Order rendered on 23-JUL-2004 by The Honourable Mr. Justice S. Noël filed on 23-MAR-2005 pursuant to s. 20 of the Official Languages Act. Certificate of Translation of Reasons for Order and Order entered in J. & O. Book, volume 894 page(s) 308 - 308 and copy placed on file.

Correction to General Sitting concerning Motion Doc. No. 39 Hearing removed from General Sitting at Vancouver on 29-NOV-2004 Reason for correction: Direction of Hargrave P dated 3-NOV-04

Correction to General Sitting concerning Motion Doc. No. 34 Hearing removed from General Sitting at Vancouver on 29-NOV-2004 Reason for correction: Direction of Hargrave P dated 3-NOV-04

Oral directions received from the Court: John Hargrave, Esq., Prothonotary dated 03-NOV-2004 directing that "Both the Defendants' motion and the Plaintiffs' motion for reattendance, filed 14-JUL-03 and 17-JUL-03 respectively, have been set down for hearing and then adjourned since their filing. The Court has had to spend considerable time preparing for the hearings, only to have them adjourned. In light of this, the Court hereby directs that the motions will now be removed from the motions' list, to be brought back on by way of a letter on behalf of the parties" placed on file on 03-NOV-2004 Confirmed in writing to the party(ies)

Adjournment letter dated 21-SEP-2004 received on 21-SEP-2004 from Defendant concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 27-SEP-2004 now adjourned to General Sitting in Vancouver on 29-NOV-2004 to begin at 09:30 duration: 2h language: E placed on file.

Adjournment letter dated 21-SEP-2004 received on 21-SEP-2004 from Plaintiff concerning Motion Doc. No. 39 currently scheduled to be heard at General Sitting on 27-SEP-2004 now adjourned to General Sitting in Vancouver on 29-NOV-2004 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment letter dated 20-AUG-2004 received on 20-AUG-2004 from Plaintiff confirming previously recorded adjournment by telephone call received on 20-AUG-2004 placed on file.

Adjournment letter dated 20-AUG-2004 received on 20-AUG-2004 from Defendant confirming previously recorded adjournment by telephone call received on 20-AUG-2004 placed on file.

Adjournment telephone call received on 20-AUG-2004 from Bruce Green on behalf of Plaintiff concerning Motion Doc. No. 39 currently scheduled to be heard at General Sitting on 23-AUG-2004 now adjourned to General Sitting in Vancouver on 27-SEP-2004 to begin at 09:30 duration: 1h language: E

Adjournment telephone call received on 20-AUG-2004 from Timothy Lo on behalf of Defendant concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 23-AUG-2004 now adjourned to General Sitting in Vancouver on 27-SEP-2004 to begin at 09:30 duration: 2h language: E

Copy of Notice of Appeal (Appeal Court File No. A-407-04 ) appealing Order of the Honourable Mr. Justice Simon Noël dated 23-JUL-2004 filed in the Court of Appeal on 03-AUG-2004 on behalf of Albian Sands Energy Inc. and Jeff Stibbard placed on file on 03-AUG-2004

Reasons for Order and Order dated 23-JUL-2004 rendered by The Honourable Mr. Justice S. Noël Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 50 Result: THIS COURT ORDERS THAT: - The motion for summary judgment is granted in part costs shall be in the cause. Filed on 23-JUL-2004 certified copies sent to parties Transmittal Letters placed on file. Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 866 page(s) 397 - 397

Adjournment letter dated 16-JUL-2004 received on 16-JUL-2004 from the Defendants concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 19-JUL-2004 now adjourned to General Sitting in Vancouver on 23-AUG-2004 to begin at 09:30 duration: 2h language: E placed on file.

Adjournment letter dated 16-JUL-2004 received on 16-JUL-2004 from the Plaintiffs concerning Motion Doc. No. 39 currently scheduled to be heard at General Sitting on 19-JUL-2004 now adjourned to General Sitting in Vancouver on 23-AUG-2004 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment letter dated 18-JUN-2004 received on 18-JUN-2004 from the Defendants concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 21-JUN-2004 now adjourned to General Sitting in Vancouver on 19-JUL-2004 to begin at 09:30 duration: 2h language: E placed on file.

Adjournment letter dated 18-JUN-2004 received on 18-JUN-2004 from Plaintiff concerning Motion Doc. No. 39 currently scheduled to be heard at General Sitting on 21-JUN-2004 now adjourned to General Sitting in Vancouver on 19-JUL-2004 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment letter dated 13-MAY-2004 received on 14-MAY-2004 from Plaintiff concerning Motion Doc. No. 39 currently scheduled to be heard at General Sitting on 17-MAY-2004 now adjourned to General Sitting in Vancouver on 21-JUN-2004 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment letter dated 13-MAY-2004 received on 13-MAY-2004 from Defendant concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 17-MAY-2004 now adjourned to General Sitting in Vancouver on 21-JUN-2004 to begin at 09:30 duration: 2h language: E placed on file.

Vancouver 12-MAY-2004 BEFORE The Honourable Mr. Justice S. Noël Language: E Before the Court: Motion Doc. No. 50 on behalf of Defendant Result of Hearing: Matter reserved held in Court Senior Usher: Larry Allchin Duration per day: 12-MAY-2004 from 09:25 to 03:40 Courtroom : Courtroom No. 702 (701) - Vancouver Court Registrar: Sandra McPherson Total Duration: 1d Appearances: Bruce Green, Esq. (Oyen Wiggs Green & Mutala) 604.669.3432 representing Plaintiff Michael Manson & Timothy Lo (Smart & Biggar) 604.682.7780 representing Defendant Minutes of Hearing entered in Vol. 662 page(s) 212 - 215 Abstract of Hearing placed on file

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 07-MAY-2004 Sent directly to Presiding Judge

Oral directions received from the Court: The Honourable Mr. Justice S. Noël dated 07-MAY-2004 directing that Defendant's authorities for summary judgment may be received; placed on file on 07-MAY-2004

Transcript of cross-examination held on 22-APR-2004 RE: Affidavit of Jeffrey David Stibbard filed on 07-MAY-2004

Transcript of cross-examination held on 26-APR-2004 RE: Affidavit of John Currie filed on 30-APR-2004

Transcript of cross-examination held on 21-APR-2004 RE: Affidavit of Peter Thomas Borque filed on 30-APR-2004

Transcript of cross-examination held on 15-APR-2004 RE: Affidavit of James Stephen Francis Burns filed on 30-APR-2004

Adjournment letter dated 16-APR-2004 received on 16-APR-2004 from Plaintiff concerning Motion Doc. No. 39 currently scheduled to be heard at Special Sitting on 19-APR-2004 now adjourned to General Sitting in Vancouver on 17-MAY-2004 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment letter dated 14-APR-2004 received on 14-APR-2004 from Defendant concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 19-APR-2004 now adjourned to General Sitting in Vancouver on 17-MAY-2004 to begin at 09:30 duration: 2h language: E placed on file.

Affidavit of service of C. Noelle Rozario sworn on 13-APR-2004 on behalf of Plaintiff confirming service of Motion Record of the Respondents (Volumes 1-3) Doc. 60 upon Defendant by courier on 13-APR-2004 filed on 13-APR-2004

Motion Record in response to Motion Doc. No. 50 containing the following original document(s): 55 56 57 58 59 Number of copies received: 3 on behalf of Plaintiff (Motion Record has 3 Volumes) filed on 13-APR-2004

Memorandum of fact and law contained within a Motion Record on behalf of Plaintiff filed on 13-APR-2004 1 judges' copies retained by the local office

Affidavit of Peter Bourque sworn on 13-APR-2004 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 50 filed on 13-APR-2004

Affidavit of C. Noelle Rozario sworn on 12-APR-2004 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 50 with Exhibits "A" to "DD" filed on 13-APR-2004

Affidavit of James S. Burns sworn on 08-APR-2004 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 50 with Exhibits "A" to "R" filed on 13-APR-2004

Affidavit of John Currie sworn on 05-APR-2004 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 50 filed on 13-APR-2004

Adjournment letter dated 01-APR-2004 received on 01-APR-2004 from Plaintiff concerning Motion Doc. No. 39 currently scheduled to be heard at General Sitting on 05-APR-2004 now adjourned to General Sitting in Vancouver on 19-APR-2004 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment letter dated 01-APR-2004 received on 01-APR-2004 from Defendant concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 05-APR-2004 now adjourned to General Sitting in Vancouver on 19-APR-2004 to begin at 09:30 duration: 2h language: E placed on file.

Letter sent by Registry on 23-MAR-2004 to all parties from Mr. John A. Hargrave, Prothonotary further to the CMC held 23-MAR-2004, directs that cross-examinations should be concluded by 29-APR-2004 (re: Summary Judgment Motion) and that a further CMC shall be scheduled after the Summary Judgment Motion has been dealt with Copy placed on file.

Vancouver 23-MAR-2004 BEFORE John Hargrave, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: CMC held held by way of Conference Call Duration per day: 23-MAR-2004 from 08:30 to 08:35 Courtroom : Teleconference Room 312 - Vancouver Court Registrar: Julie Gordon Total Duration: 5min Appearances: Mr. Bruce Green (Oyen Wiggs) (604) 669-3432 representing Plaintiff Mr. Timothy Lo (Smart & Biggar) (604) 682-7780 representing Defendant Comments: Next CMC to be scheduled after Summary Judgment Motion dealt with Minutes of Hearing entered in Vol. 657 page(s) 241 - 242 Abstract of Hearing placed on file

Adjournment letter dated 12-MAR-2004 received on 12-MAR-2004 from the Defendants confirming previously recorded adjournment by telephone call received on 12-MAR-2004 placed on file.

Motion Record containing the following original document(s): 50 51 52 53 Number of copies received: 3 on behalf of Defendant (2 volumes) filed on 12-MAR-2004 with proof of service on Plaintiff on 12-MAR-2004

Memorandum of fact and law contained within a Motion Record on behalf of Defendant (contained in Vol 2 of Motion Record) filed on 12-MAR-2004

Affidavit of Karen M. Engelberts sworn on 11-MAR-2004 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 50 with Exhibits "A" to "V" filed on 12-MAR-2004

Affidavit of Jeff Stibbard sworn on 08-MAR-2004 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 50 filed on 12-MAR-2004

Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Vancouver on 12-MAY-2004 to begin at 09:30 for Summary Judgment Tariff Any other action - $300.00 filed on 12-MAR-2004

Adjournment telephone call received on 12-MAR-2004 from Mr. Timothy Lo (Smart and Biggar) on behalf of Plaintiff concerning Motion Doc. No. 39 currently scheduled to be heard at General Sitting on 15-MAR-2004 now adjourned to General Sitting in Vancouver on 05-APR-2004 to begin at 09:30 duration: 1h language: E Letter of confirmation to follow.

Adjournment letter dated 12-MAR-2004 received on 12-MAR-2004 from Defendant concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 15-MAR-2004 now adjourned to General Sitting in Vancouver on 05-APR-2004 to begin at 09:30 duration: 2h language: E placed on file.

Adjournment letter dated 20-FEB-2004 received on 20-FEB-2004 from Defendant confirming previously recorded adjournment by telephone call received on 19-FEB-2004 placed on file.

Adjournment letter dated 19-FEB-2004 received on 19-FEB-2004 from Plaintiff concerning Motion Doc. No. 39 currently scheduled to be heard at General Sitting on 23-FEB-2004 now adjourned to General Sitting in Vancouver on 15-MAR-2004 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment telephone call received on 19-FEB-2004 from Mr. Tim Lo (SMART and BIGGAR) on behalf of Defendant concerning Motions, Doc. Nos. 34 39 currently scheduled to be heard at General Sitting on 23-FEB-2004 now adjourned to General Sitting in Vancouver on 15-MAR-2004 to begin at 09:30 duration: 2h language: E Letter of confirmation to follow.

Adjournment letter dated 05-FEB-2004 received on 05-FEB-2004 from Defendant concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 09-FEB-2004 now adjourned to General Sitting in Vancouver on 23-FEB-2004 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment letter dated 05-FEB-2004 received on 05-FEB-2004 from Plaintiff concerning Motion Doc. No. 39 currently scheduled to be heard at General Sitting on 09-FEB-2004 now adjourned to General Sitting in Vancouver on 23-FEB-2004 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment letter dated 09-JAN-2004 received on 09-JAN-2004 from Plaintiff concerning Motion Doc. No. 39 currently scheduled to be heard at General Sitting on 12-JAN-2003 now adjourned to General Sitting in Vancouver on 09-FEB-2004 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment letter dated 09-JAN-2004 received on 09-JAN-2004 from Defendant concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 12-JAN-2004 now adjourned to General Sitting in Vancouver on 09-FEB-2004 to begin at 09:30 duration: 1h language: E placed on file.

Order dated 02-DEC-2003 rendered by John Hargrave, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant dated 03-DEC-2003 Result: There have been various suggestions as to appropriate dates for this summary judgement motion. There was an earlier Order as to a date. Today the Court received a letter from defence counsel, offering to travel for an earlier hearing date, however that offer does not include advice as to when counsel for the Plaintiffs might be available. Onc of the Court's registrars has made enquiries. The earliest mutually agreeable date would seem to be 12 May 2004. It is unfortunately that the Court is not able to offer earlier date, however the Federal Court does not have the luxury of great flexibility in setting short-term dates. The hearing of the summary judgment motion previously set for 18 March 2004 is adjourned to Wednesday, 12 May 2004, commencing at 9:30 a.m. for a duration of one day...Rule 366 requires the filing of a memorandum of fact and law on a summary judgment motion. The timing of serving and filing of the motion records is set out in Rule 214, however the times allowed under the Rules often prove a little tight for the parties & provide the judge hearing the application with little flexibility for preparation. The Defendants, who bring this summary judgment motion shall therefore serve and file their motion record by close of Registry on 12 March 2004. The responding motion record of the Plaintiffs is to be served and filed by close of Registry on 13 April 2004. Liberty to apply, by telephone, to the case management prothonotary. Filed on 03-DEC-2003 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 837 page(s) 488 - 489 Interlocutory Decision

Letter from Defendant dated 02-DEC-2003 requesting an early date for the Summary Judgment hearing in any city received on 02-DEC-2003

Letter from Defendant dated 10-NOV-2003 re: order of Hargrave, P. dated 4-NOV-03 setting down summary judgment motio received on 10-NOV-2003

Order dated 04-NOV-2003 rendered by John Hargrave, Esq., Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: It is ordered that the hearing of the summary judgment motion take place before this Court at 3rd Floor, 701 West Georgia Street, Vancouver, British Columbia , at 9:30 a.m., on Thursday, 18 March 2004, for a duration of one day. Filed on 04-NOV-2003 Transmittal Letters placed on file. entered in J. & O. Book, volume 834 page(s) 348 - 348 Interlocutory Decision

Letter sent by Registry on 31-OCT-2003 to all parties " Thank you for taking part in the 30 October case management conference. I confirm that the discovery responses of Mr. Burns are to be delivered 12 December 2003 and that I will endeavor to find you a one-day hearing date, here in Vancouver, for a summary judgment motion some time in January 2004. The application for Letters Rogatory for Mr Len Thompson should be set for a regular motions day. I confirm that the two motions presently set for Monday, 3 November are to be adjourned to some other motions day. The next telephone case management conference will be 23 March 2004 at 8:30 a.m. Vancouver time. Copy placed on file.

Adjournment letter dated 30-OCT-2003 received on 30-OCT-2003 from Defendant concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 03-NOV-2003 now adjourned to General Sitting in Vancouver on 12-JAN-2004 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment letter dated 30-OCT-2003 received on 30-OCT-2003 from Plaintiff concerning Motion Doc. No. 39 currently scheduled to be heard at General Sitting on 03-NOV-2003 now adjourned to General Sitting in Vancouver on 12-JAN-2004 to begin at 09:30 duration: 1h language: E placed on file.

Vancouver 30-OCT-2003 BEFORE John Hargrave, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Both counsel confirmed that their respective motions presently scheduled to be heard in Vancouver on 3 November 2003 will be adjourned. The Court confirmed that it would request a one day date in January 2004 for the hearing of a motion from the Defendants for summary judgment. Court directed the next CMC by telephone be scheduled for 23 March 2004 at 8:30 a.m. . held by way of Conference Call Duration per day: 30-OCT-2003 from 08:30 to 08:40 Courtroom : Teleconference Room 312 - Vancouver Court Registrar: Sean Carr Total Duration: 10min Appearances: Mr. Bruce Green ( Oyen Wiggs Green & Mutala ) (604) 669-3432 representing Plaintiff Mr. Timothy Lo ( Smart & Biggar ) (604) 682-7780 representing Defendant Minutes of Hearing entered in Vol. 644 page(s) 329 - 330 Abstract of Hearing placed on file

Adjournment letter dated 05-SEP-2003 received on 05-SEP-2003 from Plaintiff concerning Motion Doc. No. 39 currently scheduled to be heard at General Sitting on 08-SEP-2003 now adjourned to General Sitting in Vancouver on 03-NOV-2003 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment letter dated 04-SEP-2003 received on 04-SEP-2003 from the Defendants concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 08-SEP-2003 now adjourned to General Sitting in Vancouver on 03-NOV-2003 to begin at 09:30 duration: 1h language: E placed on file.

Letter sent by Registry on 27-AUG-2003 to Plaintiff Defendant on behalf of Mr. Hargrave, Prothonotary, "Thank you for participating in this morning's telephone case management conference. I confirm that Mr Burns who was not available for discovery this summer, will be in town so that his discovery may be done on 10 and 11 October 2003. The next telephone case management conference will be at 8:30 a.m. on 30 October 2003. At that point discussion could include a schedule, if there will be any summary judgement application and the filing of a pre-trial conference requisition". Copy placed on file.

Vancouver 27-AUG-2003 BEFORE John Hargrave, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Matter held held by way of Conference Call Duration per day: 27-AUG-2003 from 09:30 to 09:38 Courtroom : Teleconference Room 312 - Vancouver Court Registrar: Sheila de Santos Total Duration: 8min Appearances: Mr. Bruce Green (Oyen Wiggs Green & Mutala) (604) 669-3432 representing Plaintiff Mr. Timothy Lo & Mr. Mike Manson (Smart & Biggar) (604) 682-7780 representing Defendant Comments: The next CMC by phone is set in Vancouver for 30-OCT-2003 @ 8:30 to discuss a summary judgment application or a Requisition for PTC. Minutes of Hearing entered in Vol. 638 page(s) 32 - 34 Abstract of Hearing placed on file

Adjournment letter dated 08-AUG-2003 received on 08-AUG-2003 from the Defendants concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 11-AUG-2003 now adjourned to General Sitting in Vancouver on 08-SEP-2003 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment letter dated 07-AUG-2003 received on 08-AUG-2003 from Plaintiff (on consent) concerning Motion Doc. No. 39 currently scheduled to be heard at General Sitting on 11-AUG-2003 now adjourned to General Sitting in Vancouver on 08-SEP-2003 to begin at 09:30 duration: 1h language: E placed on file.

Adjournment letter dated 18-JUL-2003 received on 18-JUL-2003 from Defendant concerning Motion Doc. No. 34 currently scheduled to be heard at General Sitting on 21-JUL-2003 now adjourned to General Sitting in Vancouver on 11-AUG-2003 to begin at 09:30 duration: 1h language: E placed on file.

Affidavit of service of C. Noelle Rozario sworn on 18-JUL-2003 on behalf of Defendant confirming service of doc #46 upon Defendant by courier on 18-JUL-2003 filed on 18-JUL-2003

Motion Record containing the following original document(s): 44 45 Number of copies received: 3 on behalf of Defendant filed on 18-JUL-2003

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 34 filed on 18-JUL-2003

Affidavit of C. Noelle Rozario sworn on 18-JUL-2003 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 39 with Exhibits "A" filed on 18-JUL-2003

Affidavit of service of C. Noelle Rozario sworn on 14-JUL-2003 on behalf of Plaintiff confirming service of Motion Record (Doc.42) upon Defendant by courier on 17-JUL-2003 filed on 17-JUL-2003

Motion Record containing the following original document(s): 39 40 41 Number of copies received: 3 on behalf of Plaintiff filed on 17-JUL-2003

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 39 filed on 17-JUL-2003

Affidavit of C. Noelle Rozario sworn on 14-JUL-2003 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 39 with Exhibits "A" to "C" filed on 17-JUL-2003

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at General Sitting in Vancouver on 11-AUG-2003 to begin at 09:30 duration: 1h language: E for an Order i) pursuant to R.97 directing Jeff David Stibbard to re-attend at the Defendants' cost at a time & place to be agreed between the parties to answer the further questions arising & produce the documents requested, in respect of the Defendant's responses...from the examination for discovery ii) costs and iii) such further Order as this Court deems just & appropriate filed on 17-JUL-2003

Motion Record containing the following original document(s): 34 35 36 37 Number of copies received: 3 on behalf of Defendant filed on 14-JUL-2003 with proof of service on Plaintiff on 14-JUL-2003

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 34 filed on 14-JUL-2003

Affidavit of Penelope Brady sworn on 14-JUL-2003 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 34 with Exhibits A to Q inclusively filed on 14-JUL-2003

Affidavit of Natalie Rizkalla-Kamel sworn on 14-JUL-2003 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 34 filed on 14-JUL-2003

Notice of Motion contained within a Motion Record on behalf of Defendant returnable at General Sitting in Vancouver on 21-JUL-2003 to begin at 09:30 duration: 1h language: E for an Order requiring James S. Burns to re-attend on examination for discovery; respond to unanswered questions; filed on 14-JUL-2003

Letter sent by Registry on 13-JUN-2003 to all parties from Mr. John A. Hargrave, Prothonotary: Thank you for participating in this morning's case management conference. As a direction 14 July 2003 will be the new date for completion for discoveries, including compliance of undertakings. I confirm that there may be some summary judgment proceedings during the summer. However I do not want to lose sight of the requirement that the pre-trial conference requisition be served and filed by 29 August 2003. The next case management conference will be at 9:30 a.m. Vancouver time on 27 August 2003. Copy placed on file.

Vancouver 12-JUN-2003 BEFORE John Hargrave, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Court directed that the parties may have until 14 July 2003 to serve and file motions for further answers or re-attendance and that a subsequent case management conference should be scheduled for 27 August 2003 at 9:30 a.m. Vancouver time. held by way of Conference Call Duration per day: 12-JUN-2003 from 10:30 to 10:45 Courtroom : Teleconference Room 312 - Vancouver Court Registrar: Sean Carr Total Duration: 15min Appearances: Mr.Bruce Green (Oyen Wiggs Green & Mutala) (604) 669-3432 representing Plaintiff Mr. Michael Manson / Mr. Timothy Lo (Smart & Biggar) (604) 682-7780 representing Defendant Minutes of Hearing entered in Vol. 633 page(s) 100 - 102 Abstract of Hearing placed on file

Oral directions received from the Court: John Hargrave, Esq., Prothonotary dated 10-JUN-2003 directing that "There will be a case management teleconference on Thursday, 12 June 2003, at 10:30 a.m. Vancouver time." placed on file on 10-JUN-2003 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 09-JUN-2003 in response to defendant's letter of same date, advising that the undertakings requested have now been delivered but that additional time to serve and file any motion for further answers / re-attendance would be required to 18 July 2003. received on 09-JUN-2003

Letter from Defendant dated 09-JUN-2003 requesting pursuant to Rule 385(1), that the Court fix a date for the plaintiffs to comply with all undertakings and respond to the questions taken under advisement from the discoveries of James Burns and Claire Burns. Given that the discoveries were taken in December 2002, and the June 30, 2003 deadline for serving and filing any motions for further answers or reattendance, we would request that the deadline for the completion of the discoveries be for a date and time no later than the end of this week. This will allow the defendants two weeks to review the plaintiffs' responses and prepare, serve , and file any necessary motions for further answers or reattendance. received on 09-JUN-2003

Letter sent by Registry on 02-MAY-2003 to all parties from Mr. John A Hargrave Prothonotary:"I look forward to receiving a pre-trial conference requisition and brief by the end of August 2003." Copy placed on file.

Order dated 02-APR-2003 rendered by The Honourable Mr. Justice Lutfy A.C.J. Matter considered without personal appearance The Court's decision is with regard to Order dated 16-JAN-2003 Result: Mr. Justice Hugessen of this Court is designated as Case Management Judge and Mr. Hargrave, Prothonotary, will assist in the management of this matter Filed on 04-APR-2003 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 808 page(s) 13 - 13 Interlocutory Decision

Joint Proposed Timetable received from Plaintiff pursuant to the order of The Honourable Madam Justice McGillis dated 16-JAN-2003 received by fax and filed on 07-FEB-2003

Order dated 16-JAN-2003 rendered by The Honourable Madam Justice McGillis Matter considered without personal appearance The Court's decision is with regard to Status Review Result: matter shall continue as specially managed; counsel to file separately or jointly before February 7, 2003 a document outlining steps remaining as well as a proposed timetable; any further directions will be issued by the case management judge Filed on 16-JAN-2003 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 797 page(s) 482 - 483 Interlocutory Decision

Written Submission in Reply to Notice of Status Review on behalf of Plaintiff concerning Notice of Status Review with proof of service upon all parties on 13-DEC-2002 filed on 13-DEC-2002

Notice of Status Review by The Honourable Mr. Justice Lutfy A.C.J. to the parties and their solicitors requiring the Plaintiffs to show cause by written submissions to be served and filed no later than 13-DEC-2002 why this action should not be dismissed for delay Filed on 18-NOV-2002 cc's sent to the parties and Vancouver local office

Solicitor's certificate of service on behalf of Bruce M. Green confirming service of doc #27 upon Defendant and Plaintiff's former solicitor by telecopier on 29-AUG-2002 filed on 29-AUG-2002

Notice of change of solicitor on behalf of Plaintiff filed on 29-AUG-2002

Amended Order by Way of Endorsement rendered on 23-APR-2002 by John Hargrave, Esq., Prothonotary filed on 23-APR-2002 Matter considered with personal appearance amending Order by Way of Endorsement (Doc 25) entered in J. & O. Book, volume 762 page(s) 403 - 430 Interlocutory Decision certified copies sent to parties Transmittal letters placed on file.

Letter from Defendant dated 17-APR-2002 re: Order by Way of Endorsement of Hargrave, P. dated 16-APR-02 received on 17-APR-2002

Order dated 16-APR-2002 rendered by John Hargrave, Esq., Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 8 Result: granted 1) Defendants to provide within 30 days a complete and amalgamated Affidavit of Documents and to include Documents of Privilege; inter alia 2) No Cross-Examination s will be conducted on material declaring documents or on the affidavit of documents produced; 3) Each side to bear its own Costs. Filed on 16-APR-2002 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 761 page(s) 464 - 470 Interlocutory Decision

Vancouver 08-APR-2002 BEFORE John Hargrave, Esq., Prothonotary Language: E Before the Court: Motion Doc. No. 8 on behalf of Plaintiff Result of Hearing: Matter reserved held in Court Senior Usher: Larry Allchin Duration per day: 08-APR-2002 from 09:30 to 12:50 Courtroom : Courtroom No. 701 (701) - Vancouver Court Registrar: Roger Siu Total Duration: 3h 20min Appearances: Mr. Christopher S. Wilson (Bull Housser & Tupper) p.(604) 687-6575, f.(604) 641-4949 representing Plaintiff Mr. Timothy P. Lo (Smart & Biggar) p.(604) 682-7780, f.(604) 682-0274 representing Defendant Documents filed at hearing: 24 Minutes of Hearing entered in Vol. 597 page(s) 424 - 443 Abstract of Hearing placed on file

Affidavit of Julie Tweedy sworn on 08-APR-2002 on behalf of Plaintiff in support of Motion Doc. No. 8 with Exhibits "A-G" filed at hearing on 08-APR-2002

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff with proof of service upon Defendant on 05-APR-2002 received on 05-APR-2002

Motion Record containing the following original document(s): 13 14 15 16 17 18 19 20 21 22 Number of copies received: 3 on behalf of Defendants filed on 05-APR-2002 with proof of service on Plaintiff on 05-APR-2002

Written Representations contained within a Motion Record on behalf of Defendants concerning Motion Doc. No. 8 filed on 05-APR-2002

Affidavit of Mike Glennon sworn on 01-APR-2002 contained within a Motion Record on behalf of Defendants in opposition to Motion Doc. No. 8 filed on 05-APR-2002

Affidavit of Roland Jones sworn on 27-MAR-2002 contained within a Motion Record on behalf of Defendants in opposition to Motion Doc. No. 8 filed on 05-APR-2002

Affidavit of Jeff Stibbard sworn on 27-MAR-2002 contained within a Motion Record on behalf of Defendants in opposition to Motion Doc. No. 8 filed on 05-APR-2002

Affidavit of Harold Gates sworn on 26-MAR-2002 contained within a Motion Record on behalf of Defendants in opposition to Motion Doc. No. 8 filed on 05-APR-2002

Affidavit of Glenn Brown sworn on 26-MAR-2002 contained within a Motion Record on behalf of Defendants in opposition to Motion Doc. No. 8 filed on 05-APR-2002

Affidavit of Brian Kean sworn on 26-MAR-2002 contained within a Motion Record on behalf of Defendants in opposition to Motion Doc. No. 8 filed on 05-APR-2002

Affidavit of Colin Ashton sworn on 26-MAR-2002 contained within a Motion Record on behalf of Defendants in opposition to Motion Doc. No. 8 filed on 05-APR-2002

Affidavit of Kent Milloy sworn on 26-MAR-2002 contained within a Motion Record on behalf of Defendants in opposition to Motion Doc. No. 8 filed on 05-APR-2002

Affidavit of Penelope Brady sworn on 27-MAR-2002 contained within a Motion Record on behalf of Defendants in opposition to Motion Doc. No. 8 with Exhibits "A-C" filed on 05-APR-2002

Motion Record containing the following original document(s): 8 9 10 11 Number of copies received: 3 on behalf of Plaintiff filed on 15-MAR-2002 with proof of service on Defendant on 13-MAR-2002

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 8 filed on 15-MAR-2002

Affidavit of Julie Tweedy sworn on 08-MAR-2002 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 8 with Exhibits "A - K" filed on 15-MAR-2002

Affidavit of James S. Burns sworn on 07-FEB-2002 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 8 with Exhibits "A - K" filed on 15-MAR-2002

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at General Sitting in Vancouver on 08-APR-2002 to begin at 09:30 duration: 2h language: E for an Order that the Defendants serve and file an affidavit of documents within 21 days of the date of the Order that within 30 days of serving and filing the affidavit of documents the Defendant be cross-examined by Plaintiff on that affidavit that if the Defendants fail to comply with 1 or 2 above the Plaintiff may apply ex parte for an Order striking out the Statement of Defence filed on 15-MAR-2002

Consent on behalf of Plaintiff Defendant to a R. 7 extension of time pursuant to R. 205 filed on 11-SEP-2001

Defence on behalf of Albian Sands Engergy Inc. and Jeff Stibbard with proof of service upon Plaintiffs on 27-AUG-2001 filed on 27-AUG-2001

Amended Statement of Claim with proof of service upon Defendant on 27-JUL-2001 filed on 31-JUL-2001

Affidavit of service of Joan Power sworn on 28-JUN-2001 on behalf of Plaintiff confirming service of Statement of Claim (Doc.1) upon Defendant Jeff Stibbard by personal service on 26-JUN-2001 with Exhibits A-B filed on 10-JUL-2001

Consent on behalf of all parties to extend the time to file the St. of Defence filed on 06-JUL-2001

Affidavit of service of Randy Milnes sworn on 22-JUN-2001 on behalf of Plaintiff confirming service of doc #1 upon Defendant Albian Sands Energy Inc. by process server on 19-JUN-2001 filed on 26-JUN-2001

Statement of Claim and 2 copies filed on 14-JUN-2001 Tariff other action - $150.00