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In August 2013, Siskinds LLP and Jensen Shawa Solomon Duguid Hawkes LLP filed a class action against Donnybrook Energy Inc. (now known as Stonehaven Exploration Ltd.) (“Donnybrook”), Donnycreek Energy Inc. (now known as Kicking Horse Energy Inc.) (“Donnycreek”) and their current or former directors and officers in the Alberta Court of Queen’s Bench.

The lawsuit relates to a plan of arrangement between Donnybrook and Donnycreek that was completed and approved by the Court of Queen’s Bench of Alberta on November 4, 2011 whereby various assets of Donnybrook were transferred to Donnycreek (the “Arrangement”), as well as a private placement of Donnycreek shares on November 4, 2011 (the “Private Placement”).

On January 22, 2015, Justice A.D. Macleod of the Alberta Court of Queen’s Bench certified the action as a class proceeding. The Alberta court also approved a notice of certification and an opt out form. The opt out deadline for this class action was May 5, 2015.

View a copy of the certification notice – English

View a copy of the certification notice - French

View a copy of the opt out form – English

View a copy of the opt out form – French

In July 2015, the parties to the class action proceedings entered into a Settlement Agreement agreeing, among other things, for the full and final release of all claims and allegations made in the class action, by the establishment of a $5.5 million settlement fund. The settlement is subject to court approval. The settlement class comprises all persons and entities, wherever they may reside or be domiciled, who held shares of Donnybrook at the time of the Arrangement and received shares of Donnycreek through the Arrangement, other than (i) certain excluded persons (certain persons associated with the defendants and persons who purchased Donnycreek shares in the Private Placement), and (ii) persons who have previously opted out of the class action. The settlement is made without any admission of liability, wrongdoing or fault by the defendants.

View a copy of the Settlement Agreement – English

On October 9, 2015, a settlement approval order was issued by the Alberta Court of Queen’s Bench. In addition to approving the settlement, the court also approved a notice that provides information on how class members may file a claim, and approved a claim form.

View a copy of the settlement approval order – English

View a copy of the notice – English

View a copy of the notice - French

View a copy of the claim form – English

View a copy of the claim form – French

Developments

On July 29, 2015, Justice A.D. Macleod of the Alberta Court of Queen’s Bench signed an order scheduling the Settlement Approval Hearing for October 9, 2015 in Calgary, appointing the Administrator, and approving the form and content of various notices.

View a copy of the July 29, 2015 order of Justice A.D. MacLeod

View a copy of the Notice of Application for Approval of Settlement

FAQs

Who is affected by this class action?

You are affected by this class action and a member of the class if you held Donnybrook shares at the time of the Arrangement and received Donnycreek shares through the Arrangement (provided that you are not an “excluded person”).

What is a class action?

A class action is a lawsuit that is brought by one or more person on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).

Can I exclude myself from the class action?

No, the opt out deadline for this class action has passed.

What should I do to protect my rights?

To protect your rights, you should:

  1. Keep any documents that you have relating to this litigation, including any documents evidencing your transactions in the issuer’s securities.
  2. Complete the form at the bottom of this page to receive updates on this action.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below.

On July 29, 2015, Justice A.D. Macleod of the Alberta Court of Queen’s Bench signed an order scheduling the Settlement Approval Hearing for October 9, 2015 in Calgary, appointing the Administrator, and approving the form and content of various notices.

View a copy of the July 29, 2015 order of Justice A.D. MacLeod

View a copy of the Notice of Application for Approval of Settlement

Who is affected by this class action?

You are affected by this class action and a member of the class if you held Donnybrook shares at the time of the Arrangement and received Donnycreek shares through the Arrangement (provided that you are not an “excluded person”).

What is a class action?

A class action is a lawsuit that is brought by one or more person on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).

Can I exclude myself from the class action?

No, the opt out deadline for this class action has passed.

What should I do to protect my rights?

To protect your rights, you should:

  1. Keep any documents that you have relating to this litigation, including any documents evidencing your transactions in the issuer’s securities.
  2. Complete the form at the bottom of this page to receive updates on this action.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below.