Documentation

Fogler, Fogler, Rubinoff LLP Barristers & Solicitors 95 Wellington Street West RuJ)inoff Suite 1200, Toronto-Dominion Centre LLP Toronto, ON M5J 2Z9 Tel: 416.864.9700 Fax: 416.941.8852 www.foglers.com

Reply To: Joshua R. Freeman Direct Dial: 416.864. 7621 July 2, 2009 E-mail: jfreeman@foglers.com Our File No. 07/5264

VIA EMAIL Honourable Justice Blanchard Competition Tribunal Thomas D'Arcy McGee Building #600- 90 Sparks Street Ottawa, Ontario KIP 5B4

Dear Mr. Justice Blanchard: Re: Nadeau Ferme Avicole Limitee/Nadeau Poultry Farm Limited ("Nadeau") CT-2008-004

We write to you in response to the letter of Mr. Eric Lefebvre, dated June 29, 2009. Service of Documents on June 19 1 h, 2009 In his penultimate paragraph, Mr. Lefebvre alleges that Westco has "not yet in fact received the 'expert' witness statement of the individual that Nadeau intends to call as an expert witness." Counsel further alleges that "numerous other relevant documents that were intended to be disclosed by Nadeau have not yet been received by Westco."

Attached to the Affidavit of Service of Jessica Petrie dated June 19 1 \ 2009, filed, are copies of each of the filing emails sent to the offices of Ogilvy Renault on that day. Also attached are two delivery failure notifications, which were the only such notifications received from their offices on that day, neither of which related to the witness statement of Dr. Rachel Oukama. Upon receipt of the two delivery failure notifications, the size of the documents attached to these emails were reduced and each was resent successfully. Attached hereto is a duplicate copy of this Affidavit of Service.

The final email sent to Ogilvy Renault on June 19 1 \ 2009, contained the following: "We now confirm that all documents have successfully been sent." Furthermore, each service email of June 19th, 2009, contained the following statement: "If you experience any transmission problems please contact the undersigned immediately" (emphasis added). Our firm received no reply to any of its service emails indicating any transmission problems, save the two automatically generated notifications earlier described.

Ill Fogler, Rubinoff Page 2of4 ••llLLP On June 26, 2009, I had a telephone conversation with Mr. Alexandre Bourbonnais of Ogilvy Renault in order to discuss the issue of redactions to the Tribunal's Order. At the conclusion of our conversation, Mr. Bourbonnais advised, for the very first time, that he was told that there may have been some errors in the transmission of documents sent via email one week prior, but had not yet confirmed same to be true. Although we had no reason to believe that the delivery of any of the documents had failed, as a courtesy to counsel I agreed to forward to Mr. Bourbonnais a CD containing electronic copies of each document served and filed on June 19th, 2009. That same day, this CD was sent via overnight courier to the address noted on counsel's letterhead, being: Ogilvy Renault, #1100-1981 McGill College Avenue, Montreal, Quebec, H3A 3Cl. On June 28th, 2009, we were advised by our courier that the office of Ogilvy Renault could not be found at that address and thus delivery could not be effected. After confirming that the address to which our correspondence was sent was the same as that shown on Mr. Lefebvre's letter of June 28th, 2009, we contacted Ogilvy Renault and only then learned that they had recently moved to a new location. We advised our courier of the change in address and have received confirmation that delivery was effected on the morning of June 29th, 2009 at approximately 11:45 am.

As can be seen from the foregoing, service was in fact properly effected in accordance with the Competition Tribunal Rules. We consider the implied accusation to the contrary in Mr. Lefebvre's letter to be inappropriate. We also request that counsel communicate with us in future in respect of any transmission issues or concerns, and also that they advise us of any address changes.

Dr. Ouckama Witness Statement Nadeau's submissions of May 21 5 \ 2009 outlined the nature of the evidence proposed to be given by Dr. Ouckama. The Tribunal's Disclosure Order required that Nadeau provide either a detailed witness statement or an expert report. As Dr. Ouckama is an employee of a corporation related to Nadeau, and could be said to have some direct knowledge, her evidence was provided by way of a detailed witness statement, with attachments, as permitted by the Disclosure Order.

As noted above, as far as we were aware, Westco has had full disclosure of this evidence since June 19th, 2009. We do not know what technical or formal objection Westco intends to raise about Nadeau "not filing an expert report". We ask in fairness, however, that it give us its position on all the disclosure issues well in advance of July 13th, 2009. We are concerned that We stco intends to again raise new issues in scheduling conference calls that we have had no opportunity to consider in advance, and about the unfairness or delay that may ensue if it is permitted to do so.

Disclosure of the Witness Statement of the Respondent Westco' s Expert Our submissions in respect of the requirement that Westco provide a witness statement for any expert it intends to call in these proceedings were made in our letter to the Competition Tribunal dated June 19th 2009, a copy of which was provided to Ogilvy Renault on that date. Our

Ill Fogler, Rubinoff Page 3 of 4 iiiiilLL P previous submissions on the issue of disclosure dealt solely with the disclosure obligations of the Applicant, as this is the context within which Ogilvy Renault raised its concerns on the conference call of May 11th, 2009 (not by way of a formal motion), as well as within which the Competition Tribunal issued its Direction in respect of same. For that reason, the Order of the Competition Tribunal dated June 4th, 2009, entitled: "Order Regarding Disclosure by the Applicant in the Contempt Proceeding" (emphasis added), was silent on the issue of the disclosure obligations of the Respondent Westco. The following is provided as our Reply Submissions on this issue, which we provide in response to the submissions of the Respondent Westco served and filed on June 29, 2009.

In its Disclosure Order, this Tribunal rejected Westco's submission that contempt proceedings are in all respects analogous to true criminal proceedings, and held that the procedure is "quasi-criminal". As such, we submit it is perfectly reasonable to require Westco to disclose the substance of the proposed testimony of its expert( s) by way of provision of expert report( s) .

We do not accept that any requirement to produce an expert report would "utterly vacate Westco's fundamental right to remain silent", as suggested by Mr. Lefebvre. The Apple Computer case he cites is not relevant to our situation, as it did not relate to expert reports at all. It was a case heard under the previous provisions of the Federal Courts Rules, whereunder all the evidence of both sides was given by way of affidavit only. (The Federal Court of Appeal was concerned about credibility determinations made in the absence of viva voce testimony.) Nadeau accepts that Westco has, as stated in the Apple Computer case, the right to "know the particulars of the accusation." Indeed, the essentially uncontested particulars have been known for many months as a result of the extensive pre-show-cause order process. As well, Westco retains the right, should it choose to do so, to ultimately call no defence at the hearing.

Even in true criminal proceedings, pursuant to s. 657.3(3) of the Criminal Code, the defence must, at least thirty days in advance of the hearing (or such other period as fixed by the judge), provide notice to the other party of his or her intention to call an expert, along with the expert's name, area of expertise, and qualifications. Accordingly, contrary to Mr. Lefebvre's suggestion, the defence is not at liberty to wait until after the prosecution has led viva voce evidence, "to assess whether or not expert evidence will be necessary", even in true criminal proceedings. Further, pursuant to subsection 657.3(3)(c) of the Criminal Code, the defence must not later than the close of the prosecutor's case, provide a copy of the report itself (or a summary of the opinion anticipated to be given, and the grounds therefor). Clearly, the Criminal Code contemplates earlier disclosure of expert reports than that sought by Westco.

In R. v. Mousseau, 2003 ABQB 624, the court noted that these amendments to the Criminal Code were aimed at ensuring fairness to the prosecution, because the defence is already protected by Charter disclosure requirements. The court states:

"28. It is clear that the amendments to the Criminal Code were intended to produce more fairness for the Crown, that is, to ensure that the Crown would get notice ofe xpert evidence to be called by the defence. Prior to the enactment ofs .

Ill Fogler, Rubinoff Page 4of4 ••• LLP 657.3, trials would often have to be adjourned because the Crown would be taken by surprise when defence would call an expert witness and the Crown would have to obtain their own expert in rebuttal or even to obtain the advice of an expert before the Crown could cross-examine the expert. This meant that there would be sometimes long delays in a trial where the guilt or innocence of an accused was at issue.

29. For a trial to be fair, each party must have notice of the nature of expert evidence to be called For a fair trial to be efficient and orderly, that notice must be timely. "

The Mousseau case has been referred to with approval of a number of times case on the meaning and purpose of section 657.3.

In the circumstances, Nadeau submits that it would be fair and appropriate to require Westco to produce its expert report prior to the July 13th, 2009 conference call, or in the alternative, at least two weeks prior to the commencement of the hearing. In any event, Westco should be required at a minimum to provide the basic information referred to ins. 657.3(3)(a) of the Criminal Code prior to July 13th, 2009. The calling of experts by Westco will undoubtedly affect the scheduling of the hearing, as well as impact the pre-hearing matters to be dealt with on that day.

Yours truly, FOGLER, RUBINOFF LLP ~~····••u.

Joshua R. Freeman JRF/ma

cc: Leah Price, Fogler, Rubinoff LLP cc: Eric Lefebvre, Ogilvy Renault LLP See, for example, R. v. Mombourquette, 2003 CarswellOnt 5860 (Ont. S.C.J.) R. v. Rahman, 2008 CarswellBC 2929 (B.C.S.C.)

1 , and is a leading

File No.: CT-2008-004 Registry Document No.:

COMPETITION TRIBUNAL IN THE MATTER of the Competition Act, R.S.C. 1985, c. C-34, as amended AND IN THE MATTER of an Application by Nadeau Ferme Avicole Limitee/Nadeau Poultry Farm Limited for an Order pursuant to section 75 of the Competition Act.

BETWEEN: NADEAU FERME A VI COLE LIMITEE/ NADEAU POULTRY FARM LIMITED

Applicant AND GROUPE WESTCO INC. AND GROUPE DYNA CO, COOPERATIVE AGROALIMENTAIRE AND VOLAILLES ACADIA S.E.C. AND VOLAILLES ACADIA INC./ACADIA POULTRY INC.

Respondents AFFIDAVIT OF SERVICE Sworn June 19, 2009

I, Jessica Petrie, of the City of Mississauga, in the Province of Ontario, swear that: l. On Friday, June 19, 2009, I served the Respondent, Groupe Westco Inc., with the following:

(a) List of Witnesses to be called by the Applicant (Public); (b) Witness Statement of Ms. Denise Boucher (Confidential Level A and Public); (c) Witness Statement of Mr. Yves Landry (Public); ( d) Witness Statement of Dr. Rachel Oukama (Confidential Level A and Public); (e) List of Relevant Documents (Confidential Level A); and (f) Copies of all documents listed in the List of Relevant Documents which are not in the Tribunal Record (confidentiality level for each noted in the List of Relevant Documents)

by sending copies of same by electronic mail to Ogilvy Renault, S.E.N.C.R.L., s.r.l., the solicitors for Groupe Westco, elefebvre@ogilvyrenault.com, Denis Gascon at dgascon@ogilvyrenault.com, Alexandre Bourbonnais at abourbonnais@ogilvyrenault.com, gconrad@ogilvyrenault.com and Martha Healey at mhealey@ogilvyrenault.com.

2. Copies of the e-mails are attached. SWORN before me at the City of Toronto, in the Province of Ontario, this 19th day of June, 2009. ~-"--------------A Commissioner for taking affidavits. :i\'l;)~\V'f,. {?. tRff'-Ml\N

to the attention of Eric Lefebvre at Geoffrey Conrad at

Page 1 of 1 Petrie, Jessica From: Petrie, Jessica on behalf of Freeman, Joshua R. Sent: Friday, June 19, 2009 4:48 PM To: 'abourbonnais@ogilvyrenault.com'; 'dgascon@ogilvyrenault.com'; 'elefebvre@ogilvyrenault.com'; 'gconrad@ogilvyrenault.com'; 'mhealey@ogilvyrenault.com'

Cc: Price, Leah; Freeman, Joshua R. Subject: Nadeau - Westco - CT-2008-004 - Service of Documents 1 Attachments: Letter to Westco Counsel (Jun 19 2009).PDF

Dear Counsel: Attached please find a letter from Joshua Freeman regarding the service of documents pursuant to the Order Regarding Disclosure by the Applicant in the Contempt Proceeding dated June 4th, 2009. Attached to the emails which follow will be the items enumerated therein.

If you experience any transmission problems please contact the undersigned immediately. Jessica Petrie Legal Assistant to Joshua Freeman, Rodney Northey and Andrea McCrae

Fogler, Rubinoff LLP Barristers and Solicitors 95 Wellington Street West Suite 1200 Toronto, Ontario M5J 2Z9

g ( 416) 864-9700 Ext. #243 @i (416) 941-8852

Q .~trie@fQgleQJl]:>i11Qffs0m

6/19/2009

Page 1 of 1 Petrie, Jessica From: Petrie, Jessica on behalf of Freeman, Joshua R. Sent: Friday, June 19, 2009 4:48 PM To: 'abourbonnais@ogilvyrenault.com'; 'dgascon@ogilvyrenault.com'; 'elefebvre@ogilvyrenault.com'; 'gconrad@ogilvyrenault.com'; 'mhealey@ogilvyrenault.com'

Cc: Price, Leah; Freeman, Joshua R. Subject: Nadeau - Westco - CT-2008-004 - Service of Documents 2 Attachments: List of Witnesses.PDF; Denise Boucher Witness Statement (Level A).pdf; Denise Boucher Witness Statement (Public).pdf

Please see attached. If you experience any transmission problems please contact the undersigned immediately. Jessica Petrie Legal Assistant to Joshua Freeman, Rodney Northey and Andrea McCrae

Fogler, Rubinoff LLP Barristers and Solicitors 95 Wellington Street West Suite 1200 Toronto, Ontario M5J 2Z9

~ (416) 864-9700 Ext. #243 ~ (416) 941-8852 Q jpetrie@foglerrubinoff.com

6/19/2009

Page l of l Petrie, Jessica --------------------

From: Petrie, Jessica on behalf of Freeman, Joshua R. Sent: Friday, June 19, 2009 4:48 PM To: 'abourbonnais@ogilvyrenault.com'; 'dgascon@ogilvyrenault.com'; 'elefebvre@ogilvyrenault.com'; 'gconrad@ogilvyrenault.com'; 'mhealey@ogilvyrenault.com'

Cc: Price, Leah; Freeman, Joshua R. Subject: Nadeau - Westco - CT-2008-004 - Service of Documents 3 Attachments: Yves Landry Witness Statement.PDF; Dr Ouckama Witness Statement (Level A).pdf; Dr Ouckama Witness Statement (Public).pdf

Please see attached. If you experience any transmission problems please contact the undersigned immediately. Jessica Petrie Legal Assistant to Joshua Freeman, Rodney Northey and Andrea McCrae

Fogler, Rubinoff LLP Barristers and Solicitors 95 Wellington Street West Suite 1200 Toronto, Ontario M5J 2Z9

'[.!] ( 416) 864-9700 Ext. #243 ~ (416) 941-8852 &;I, jpctrie@fogkrrubinoff.com

6/19/2009

Page 1 of I Petrie, Jessica From: Petrie, Jessica on behalf of Freeman, Joshua R. Sent: Friday, June 19, 2009 4:49 PM To: 'abourbonnais@ogilvyrenault.com'; 'dgascon@ogilvyrenault.com'; 'elefebvre@ogilvyrenault.com'; 'gconrad@ogilvyrenault.com'; 'mhealey@ogilvyrenault.com'

Cc: Price, Leah; Freeman, Joshua R. Subject: Nadeau - Westco - CT-2008-004 - Service of Documents 4 Attachments: List of Relevant Documents.pdf

Please see attached. If you experience any transmission problems please contact the undersigned immediately. Jessica Petrie Legal Assistant to Joshua Freeman, Rodney Northey and Andrea McCrae

Fogler, Rubinoff LLP Barristers and Solicitors 95 Wellington Street West Suite 1200 Toronto, Ontario M5J 2Z9

~ (416) 864-9700 Ext. #243 @ (416) 941-8852

Q jp~trL~@fQglefl}lbiDQff.corn

6/19/2009

Page 1 of 1 Petrie, Jessica From: Petrie, Jessica on behalf of Freeman, Joshua R. Sent: Friday, June 19, 2009 4:49 PM To: 'abourbonnais@ogilvyrenault.com'; 'dgascon@ogilvyrenault.com'; 'elefebvre@ogilvyrenault.com'; 'gconrad@ogilvyrenault.com'; 'mhealey@ogilvyrenault.com'

Cc: Price, Leah; Freeman, Joshua R. Subject: Nadeau - Westco - CT-2008-004 - Service of Documents 5 Attachments: Tab 15 of Document List.pdf; Tab 38 of Document List.pdf; Tab 40 of Document List.pdf; Tab 51 of Document List.pdf

Please see attached. If you experience any transmission problems please contact the undersigned immediately. Jessica Petrie Legal Assistant to Joshua Freeman, Rodney Northey and Andrea McCrae

Fogler, Rubinoff LLP Barristers and Solicitors 95 Wellington Street West Suite 1200 Toronto, Ontario M5J 2Z9

~ (4 16) 864-9700 Ext. #243 ~ (416) 941-8852 ~ jpctrie@foglerrubinoff.com

611912009

Page 1 of 1 Petrie, Jessica --- -------------------------------------From: Petrie, Jessica on behalf of Freeman, Joshua R. Sent: Friday, June 19, 2009 4:50 PM To: 'abourbonnais@ogilvyrenault.com'; 'dgascon@ogilvyrenault.com'; 'elefebvre@ogilvyrenault.com'; 'gconrad@ogilvyrenault.com'; 'mhealey@ogilvyrenault.com'

Cc: Price, Leah; Freeman, Joshua R. Subject: Nadeau - Westco - CT-2008-004 - Service of Documents 6 Attachments: A86-1.pdf; A86-2.pdf; A86-3.pdf; A86-4.pdf; A86-5.pdf; A86-6.pdf; A86-7.pdf; A86-8.pdf

Please see the attached documentation listed as Document 3 to the List of Relevant Documents. If you experience any transmission problems please contact the undersigned immediately. Jessica Petrie Legal Assistant to Joshua Freeman, Rodney Northey and Andrea McCrae

Fogler, Rubinoff LLP Barristers and Solicitors 95 Wellington Street West Suite 1200 Toronto, Ontario M5J 2Z9

'l!!5 (4 16) 864-9700 Ext. #243 ~ (416) 941-8852 Q jpetrie@foglerrubinoff.com

6119/2009

Petrie, Jessica From: System Administrator To: abourbonnais@ogilvyrenault.com; dgascon@ogilvyrenault.com; elefebvre@ogilvyrenault.com; gconrad@ogilvyrenault.com; mhealey@ogilvyrenault.com Sent: Friday, June 19, 2009 4:50 PM Subject: Undeliverable: Delivery Status Notification (Failure) Your message did not reach some or all of the intended recipients. Subject: Nadeau - West.co - CT-2008-004 - Service of Documents 6 The following redpient(s) could not be reached: 'abourbonnais@ogilvyrenault.com' on 6/19/2009 4:50 PM This message is larger than the current syst.em limit or the recipient's mailbox is full. Create a shorter message body or remove attachments and try sending it again. <fr_exchange.frllpw2k3.com #5.2.3 smtp;450 5.2.3 Msg Size greater than allowed by Remote Host>

'dgascon@ogilvyrenault.com' on 6/19/2009 4:50 PM This message is larger than the current system limit or the recipient's mailbox is full. Create a shorter message body or remove attachments and try sending it again. <fr_exchange.frllpw2k3.com #5.2.3 smtp;450 5.2.3 Msg Size greater than allowed by Remote Host>

'elefebvre@ogilvyrenault.com' on 6/19/2009 4:50 PM This message is larger than the current system limit or the recipient's mailbox is full. Create a shorter message body or remove attachments and try sending it again. <fr_exchange.frllpw2k3.com #5.2.3 smtp;450 5.2.3 Msg Size greater than allowed by Remote Host>

'gconrad@ogilvyrenault.com' on 6/19/2009 4:50 PM This message is larger than the current system limit or the recipient's mailbox is full. Create a shorter message body or remove attachments and try sending it again. <fr_exchange.frllpw2k3.com #5.2.3 smtp;450 5.2.3 Msg Size greater than allowed by Remote Host>

'mhealey@ogilvyrenault.com' on 6/19/2009 4:50 PM This message is larger than the current system limit or the recipient's mailbox is full. Create a shorter message body or remove attachments and try sending it again. <fr_exchange.frllpw2k3.com #5.2.3 smtp;450 5.2.3 Msg Size greater than allowed by Remote Host>

Page I of 1 Petrie, Jessica From: Petrie, Jessica on behalf of Freeman, Joshua R. Sent: Friday, June 19, 2009 4:56 PM To: 'abourbonnais@ogilvyrenault.com'; 'dgascon@ogilvyrenault.com'; 'elefebvre@ogilvyrenault.com'; 'gconrad@ogilvyrenault.com'; 'mhealey@ogilvyrenault.com'

Cc: Price, Leah; Freeman, Joshua R. Subject: Nadeau - Westco - CT-2008-004 - Service of Documents 6

Dear Counsel: Due to transmission errors caused by the size of certain items enumerated in the List of Relevant Documents which the Applicant has attempted to produce we will re-send these documents in smaller parts shortly.

Jessica Petrie Legal Assistant to Joshua Freeman, Rodney Northey and Andrea McCrae

Fogler, RubinoffLLP Barristers and Solicitors 95 Wellington Street West Suite 1200 Toronto, Ontario M5J 2Z9

r!S (416) 864-9700 Ext. #243 @ (416) 941-8852 Q jpetric@foglerrubinoff.com

6/19/2009

Page l of 1 Petrie, Jessica From: Petrie, Jessica on behalf of Freeman, Joshua R. Sent: Friday, June 19, 2009 5:02 PM To: 'Filing_Depot@ct-tc.gc.ca'; 'jos.larose@ct-tc.gc.ca' Cc: Price, Leah; Freeman, Joshua R.;'abourbonnais@ogilvyrenault.com'; 'dgascon@ogilvyrenault.com'; 'elefebvre@ogilvyrenault.com'; 'gconrad@ogilvyrenault.com'; 'mhealey@ogilvyrenault.com'

Subject: Nadeau - Westco - CT-2008-004 - Filing/Service of Documents 7 Attachments: A86-1.pdf; A86-2.pdf

Please see attached part 1 of the documentation listed as Document 3 to the List of Relevant Documents. If you experience any transmission problems please contact the undersigned immediately. Jessica Petrie Legal Assistant to Joshua Freeman, Rodney Northey and Andrea McCrae

Fogler, Rubinoff LLP Barristers and Solicitors 95 Wellington Street West Suite 1200 Toronto, Ontario M5J 2Z9

fttJJ (4 16) 864-9700 Ext. #243 ~ (416) 941-8852 Q jpetrie@foglerrubinoff.com

6/19/2009

Page 1 of 1 Petrie, Jessica From: Petrie, Jessica on behalf of Freeman, Joshua R. Sent: Friday, June 19, 2009 5:03 PM To: 'Filing_Depot@ct-tc.gc.ca'; 'jos.larose@ct-tc.gc.ca' Cc: Price, Leah; Freeman, Joshua R.;'abourbonnais@ogilvyrenault.com'; 'dgascon@ogilvyrenault.com'; 'elefebvre@ogilvyrenault.com'; 'gconrad@ogilvyrenault.com'; 'mhealey@ogilvyrenault.com'

Subject: Nadeau - Westco - CT-2008-004 - Filing/Service of Documents 8 Attachments: A86-3.pdf; A86-4.pdf

Please see attached part 2 of the documentation listed as Document 3 to the List of Relevant Documents. If you experience any transmission problems please contact the undersigned immediately. Jessica Petrie Legal Assistant to Joshua Freeman, Rodney Northey and Andrea McCrae

Fogler, Rubinoff LLP Barristers and Solicitors 95 Wellington Street West Suite 1200 Toronto, Ontario M5J 2Z9

~ (416) 864-9700 Ext. #243 @ (416) 941-8852 Q jpetrie@foglerrubinoff.com

6/19/2009

Page 1of1 Petrie, Jessica From: Petrie, Jessica on behalf of Freeman, Joshua R. Sent: Friday, June 19, 2009 5:05 PM To: 'Filing_Oepot@ct-tc.gc.ca'; 'jos.larose@ct-tc.gc.ca' Cc: Price, Leah; Freeman, Joshua R.; 'abourbonnais@ogilvyrenault.com'; 'dgascon@ogilvyrenault.com'; 'elefebvre@ogilvyrenault.com'; 'gconrad@ogilvyrenault.com'; 'mhealey@ogilvyrenault.com'

Subject: Nadeau - Westco - CT-2008-004 - Filing/Service of Documents 9 Attachments: A86-5.pdf; A86-6.pdf

Please see attached part 3 of the documentation listed as Document 3 to the List of Relevant Documents. If you experience any transmission problems please contact the undersigned immediately. Jessica Petrie Legal Assistant to Joshua Freeman, Rodney Northey and Andrea McCrae

Fogler, Rubinoff LLP Barristers and Solicitors 95 Wellington Street West Suite 1200 Toronto, Ontario M5J 2Z9

~ ( 416) 864-9700 Ext. #243 ~ (416) 941-8852 Q jpetrie@foglerrubinoff.com

6/19/2009

Page 1 of 1 Petrie, Jessica From: Petrie, Jessica on behalf of Freeman, Joshua R. Sent: Friday, June 19, 2009 5:06 PM To: 'Filing_Depot@ct-tc.gc.ca'; 'jos.larose@ct-tc.gc.ca' Cc: Price, Leah; Freeman, Joshua R.;'abourbonnais@ogilvyrenault.com'; 'dgascon@ogilvyrenault.com'; 'elefebvre@ogilvyrenault.com'; 'gconrad@ogilvyrenault.com'; 'mhealey@ogilvyrenault.com'

Subject: Nadeau - Westco - CT-2008-004 - Filing/Service of Documents 10 Attachments: A86-7.pdf; A86-8.pdf

Please see attached part 4 of the documentation listed as Document 3 to the List of Relevant Documents. If you experience any transmission problems please contact the undersigned immediately. Jessica Petrie Legal Assistant to Joshua Freeman, Rodney Northey and Andrea McCrae

Fogler, RubinoffLLP Barristers and Solicitors 95 Wellington Street West Suite 1200 Toronto, Ontario M5J 2Z9

f.!i (4 16) 864-9700 Ext. #243 @ (416) 941-8852 g jpetrie@foglerrubinoff.com

611912009

Page 1of1 Petrie, Jessica From: Petrie, Jessica on behalf of Freeman, Joshua R. Sent: Friday, June 19, 2009 4:50 PM To: 'abourbonnais@ogilvyrenault.com'; 'dgascon@ogilvyrenault.com'; 'elefebvre@ogilvyrenault.com'; 'gconrad@ogilvyrenault.com'; 'mhealey@ogilvyrenault.com'

Cc: Price, Leah; Freeman, Joshua R. Subject: Nadeau - Westco - CT-2008-004 - Service of Documents 7 Attachments: A87-1.pdf; A87-2.pdf; A87-3 page 23.pdf; A87-3.pdf; A87-4.pdf; A87-5.pdf; A87-6.pdf; A87-7.pdf