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Unformatted text preview: at Kinross and the individual defendants knew that such misrepresentations were false or
misleading when made. The plaintiff is seeking certification of the action as a class proceeding and leave to
proceed under the statutory civil liability provisions of Ontario’s Securities Act. A hearing on the plaintiff’s
certification motion has been scheduled for October 22-25, 2013. The plaintiff is also seeking various relief,
including damages in the amount of CDN$4 billion and costs of the action. Kinross intends to vigorously defend
against the First Ontario Action and believes it is without merit.
A notice of action in a second proposed class proceeding was filed in the Ontario Court on March 16, 2012 and a
corresponding statement of claim was served with the notice of action on April 17, 2012 entitled Earl Downey
and John Doe I v. Kinross Gold Corporation et al. (the “Second Ontario Action”). The Second Ontario Action
names the same defendants as the First Ontario Action and, in addition, names Tasiast Mauritanie Limited S.A.
(“TMLSA”), an indirect subsidiary of Kinross that is incorporated and headquartered in Mauritania. TMLSA
disputes that it was validly served with the claim in Ontario and reserves its right to contest the jurisdiction of
the Ontario Court. The allegations in the Second Ontario Action are similar to those advanced in the First Ontario
Action. Various forms of relief are sought, including damages in the amount of CDN$3.5 billion and costs of the
action. Subsequent to the service of the statement of claim in the Seco nd Ontario action, it came to Kinross’
attention that the same law firm that acts for the plaintiff in the Second Ontario Action had filed statements of
claim making virtually identical allegations against the same defendants on behalf of the same proposed class FS62 KINROSS GOLD 2012 ANNUAL REPORT with the Supreme Court of British Columbia and the Court of Queen’s Bench of Alberta (the “Parallel British
Columbia and Alberta Actions”). The fi...
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