CLAIM FORM PACKAGE. Detour Gold Corporation Securities Litigation

Transcription

1 Claim Form must be postmarked or ed or submitted online by 11:59 pm on September 29, 2017 CLAIM FORM PACKAGE Revised as of July 14, 2017 Detour Gold Corporation Securities Litigation Martin Gerard v. Detour Gold Corporation et al. Ontario Superior Court of Justice Court File Number CV Trilogy Class Action Services Claims Administrator c/o Detour Gold Class Action Administration 7B Pleasant Blvd, P.O. Box 1022, Toronto, Ontario, M4T 1K2 Phone: Website: 1

2 THE PLAN OF ALLOCATION The Plan of Allocation contemplates a determination of eligibility and an allocation and Distribution to each Authorized Claimant of a share of the Compensation Fund calculated as the ratio of his/her/its Nominal Entitlement to the total Nominal Entitlement of all Authorized Claimants multiplied by the amount of the Compensation Fund. The Plan of Allocation reflects the Plaintiff's damages theory that the value of Class Members' shares was artificially inflated by misrepresentations made by the Defendants during the Class Period and that the inflation was removed from the share-value as a result of the publication of the corrective disclosure on November 7, The Plan of Allocation calculates Class Members' entitlements in a manner analogous to the damages provisions ins of the Ontario Securities Act and reflects the opinions of the Plaintiff's damages expert Frank Torchio. Mr. Torchio opined that that the artificial inflation in the stock price of Detour: (a) for the period of March 12, 2013 to May 8, 2013 ("Period One"), was $0.87 per share; (b) for the period of May 9, 2013 to October 8, 2013 ("Period Two"), was $0.10 per share; and (c) for the period of October 9, 2013 to November 7, 2013 ("Period Three"), was $0.67 per share. The Plan of Allocation provides that a Class Member's Nominal Entitlement will be the lesser of the difference between the amount actually paid for the purchase of the Qualified Shares (including any commissions paid in respect thereof) and the amount received upon their disposition (without deducting any commissions paid in respect thereof), and: (a) an amount equal to the number of shares purchased in Period One that were disposed of after November 7, 2013 multiplied by $0.87; (b) an amount equal to the number of shares purchased in Period Two that were disposed of after November 7, 2013 multiplied by $0.10; and (c) an amount equal to the number of shares purchased in Period Three that were disposed of after November 7, 2013 multiplied by $0.67. The Plan of Allocation states that no Nominal Entitlement shall be available for shares disposed of before November 7, 2013, which is consistent with the damages theory advanced in the Statement of Claim. Ultimately, the amount of each Class Member's actual compensation from the Compensation Fund will depend upon: (a) the number and the price of Qualified Shares purchased by the Class Member and the time during the Class Period when they made their purchase; (b) the price at which the Class Member sold such Qualified Shares, if at all; and (c) the total number and value of claims for compensation filed with the Administrator. The Administrator will apply LIFO to distinguish the sale of Detour securities held at the beginning of the Class Period from the sale of Qualified Shares, and will continue to apply LIFO to determine the purchase transactions which correspond to the sale of Qualified Shares. The Administrator will use this data in the calculation of an Authorized Claimant s Nominal Entitlement according to the formulae listed below. The date of sale or disposition shall be the trade date, as opposed to the settlement date, of the transaction. 2

3 Each Authorized Claimant s actual compensation will be a portion of the Compensation Fund calculated as the ratio of his/her/its Nominal Entitlement to the total Nominal Entitlements of all Authorized Claimants multiplied by the amount of the Compensation Fund. The Plaintiff and the Class will provide a release to the Defendants. Detour Gold Corporation ( Detour ) common shares trading on the Toronto Stock Exchange (TSX), stock symbol DGS, CUSIP NUMBER for the Common Shares and for the Restricted Common Shares. If you acquired Detour Gold Corporation s ( Detour ) Common Shares or the Restricted Common Shares during the period of March 12, 2013 to and including November 7, 2013 (the Class Period ): (i) in the secondary market; or (ii) in the June 11, 2013 secondary public offering pursuant to the prospectus dated June 3, 2013 and during its distribution period; and (iii) who held some or all of those securities at the close of trading on November 7, 2013 (the Class and Class Members ). RESTRICTION ON CLAIMS Any Class Member who does not submit a Claim Form and required supporting documentation with the Administrator on or before the Claims (Bar) Deadline, will not be permitted to participate in the Distribution without permission of the Court. The Administrator will not accept or process any Claim Form received after the Claims (Bar) Deadline unless directed to do so by the Court. NO ASSIGNMENT No amount payable under the Plan of Allocation may be assigned without the written consent of the Administrator. WHAT IF I SOLD MY SHARES AT A PROFIT? 1. If you sold/disposed of your shares after November 7 and bought in the Class Period, you are entitled to compensation, even if you sold for a profit; WHAT IF I NEVER SOLD MY SHARES? 2. If you never sold your shares (i.e. there was never a disposition), you are NOT entitled to compensation. This is based on the "disposition" requirement in the Order/Plan of Allocation. Please advise if you wish to register for on-line access to the Detour Claims Filing Portal to file the Claim Form Package. Once we verify and authenticate your credentials, the link to the Detour Claims Filing Portal and password will be sent to you by . You can file the claim by , or regular mail, if you find that more convenient. 3

4 CALCULATION OF COMPENSATION Formulae for calculating Nominal Entitlement The Administrator will apply LIFO to distinguish the sale of Detour securities held at the beginning of the Class Period from the sale of Qualified Shares, and will continue to apply LIFO to determine the purchase transactions which correspond to the sale of Qualified Shares. The Administrator will use this data in the calculation of an Authorized Claimant s Nominal Entitlement according to the formulae listed below. An Authorized Claimant s Nominal Entitlement will be calculated as follows: (a) No Nominal Entitlement shall be available for any Qualified Shares disposed of prior to the corrective disclosure, that is, prior to the close of trading on November 7, (b) (c) For Qualified shares acquired between March 12, 2013 and May 8, 2013, the Nominal Entitlement shall be the lesser of: For Qualified shares acquired between May 9, 2013 and October 8, 2013, the Nominal Entitlement shall be the lesser of: i an amount equal to the number of Period Two Shares disposed of after November 7, 2013, multiplied by the difference between the volume weighted average price paid for those Period Two Shares (including any commissions paid in respect thereof) and the price received upon the disposition of those Period Two Shares (without deducting any commission paid in respect of the disposition); and ii an amount equal to the number of Period Two Shares disposed of after November 7, 2013, multiplied by $0.10. (d) For Qualified shares acquired between October 9, 2013 and November 7, 2013, the Nominal Entitlement shall be the lesser of: i an amount equal to the number of Period Three Shares disposed of after November 7, 2013, multiplied by the difference between the volume weighted average price paid for those Period Three Shares (including any commissions paid in respect thereof) and the price received upon the disposition of those Period Three Shares (without deducting any commission paid in respect of the disposition); and ii an amount equal to the number of Period Three Shares disposed of after November 7, 2013, multiplied by $

5 THE PROCEDURE FOR REFERENCE If a Claimant disagrees with the Claims Administrator s decision relating to eligibility to share in the Distribution, the determination of the number of Qualified Shares, or the amount of the Nominal Entitlement, a Claimant may elect a Reference by the Referee by delivering a written election for review to the Claims Administrator within fifteen (15) days of receipt of the Claims Administrator s decision. The election for a Reference must set out the basis for the disagreement with the Claims Administrator s decision and attach all documents relevant to the review which have not previously been delivered to the Administrator. This election for a Reference must be accompanied by a certified cheque/check or money order, payable to the Claims Administrator, in the amount of $150. Upon receipt of an election for a Reference, the Administrator shall provide the Referee with online access to a copy of: (a) the election for a Reference and accompanying documents; (b) the Administrator s decision on eligibility, the number of Qualified Shares and its calculation of the Nominal Entitlement, as applicable; and (c) the Claim Form and supporting documents. The Referee will carry out the Reference in an inexpensive, summary manner. The Referee will provide all necessary procedural directions and the review will be in writing unless the Referee provides otherwise. The Administrator shall participate in the process established by the Referee to the extent directed by the Referee. The Referee shall deliver a written decision to the Claimant and the Administrator. If the Referee disturbs the Administrator s decision relating to eligibility to share in the Distribution, the number of Qualified Shares or Nominal Entitlement, the Administrator shall return the $150 deposit to the Claimant. If the Referee does not disturb the Administrator s decision, the Administrator shall add the $150 to the Compensation Fund. THE REFEREE The Referee shall have such powers and rights as are reasonably necessary to discharge his or her duties and obligations. The Referee shall establish and employ a summary procedure to review any disputes arising from a decision of the Administrator, and may enter into such mediation and arbitration proceedings as the Referee may deem necessary. All decisions of the Referee shall be in writing and shall be final and conclusive and there shall be no appeal there from whatsoever. Justice Michel Bastarache (retired), of the Supreme Court of Canada, has been appointed as The Referee. 5

6 DEFINITIONS The definitions set out in the Settlement Agreement reached between the Plaintiff and Defendants dated March 15, 2017 ( Agreement ), except as modified or defined herein, apply to and are incorporated into this Claim Form Package: Acquisition Expense means the total monies paid by the Claimant (including brokerage commissions) to acquire Qualified Shares; Authorized Claimant means a Class Member who: (i) submitted a properly completed Claim Form and all required supporting documentation to the Administrator prior to the Claims Bar Deadline; and (ii) is eligible to receive a Distribution from the Compensation Fund; Claimant means a Class Member who submits a properly completed Claim Form and all required supporting documentation to the Administrator, on or before the Claims (Bar) Deadline; "Claims Administrator" means Trilogy Class Action Services ( Trilogy ) as the Administrator of the Settlement. The Administrator will, among other things: (i) receive and process the Claim Forms; (ii) make determinations of each Class Member s eligibility for compensation pursuant to the Plan of Allocation; (iii) communicate with Class Members regarding their eligibility for compensation; and (iv) manage and distribute the Settlement Amount; "Claims (Bar) Deadline" means the date by which each Class Member must file a Claim Form and all required supporting documentation with the Administrator, which date shall be ninety (90) days after the date on which the Short Form Notice of Settlement Approval or the Long Form Notice of Settlement Approval is first published. The Claims Deadline has been established as September 29, 2017; "Class or Class Members" means all persons, other than Excluded Persons, who acquired Detour s securities during the Class Period: (i) in the secondary market; or (ii) in the June 11, 2013 Secondary Public Offering pursuant to the Prospectus dated June 3, 2013 and during its distribution period; and (iii) who held some or all of those securities at the close of trading on November 7, 2013; "Class Counsel" means Morganti Legal and Margaret L. Waddell; Class Period means the period from March 12, 2013 to and including November 7, 2013; Compensation Fund means the Settlement Amount less Class Counsel Fees, Administration Expenses and honoraria; Distribution means payment to Authorized Claimants in accordance with this Plan of Allocation, the Agreement and any order of the Court; Excluded Persons means Detour s subsidiaries, affiliates, officers, directors, senior employees, legal representatives, heirs, predecessors, successors and assigns, and any member of Panneton s family and any entity in which any of them has or had an interest during the Class Period; LIFO means the principle of last-in first-out, wherein securities are deemed to be sold in the opposite order that they were purchased (i.e. the last securities purchased are deemed to be the first sold), which requires, in the case of a Claimant who held Shares at the commencement of the Class Period, that those Shares be deemed to have been sold only after all Qualified Shares purchased during the Class Period are sold; 6

7 Nominal Entitlement means an Authorized Claimant s nominal damages as calculated pursuant to the formula set forth herein, which forms the basis upon which each Authorized Claimant s pro rata share of the Compensation Fund is calculated; "Plan of Allocation" means the distribution plan stipulating the proposed implementation and administration of the Settlement, which shall be substantially in the form to be approved by the Court; Period One Shares means Qualified Shares purchased or acquired during the period from March 12, 2013 to and including May 8, 2013; Period Two Shares means Qualified Shares purchased or acquired during the period from May 9, 2013 to and including October 8, 2013; Period Three Shares means Qualified Shares purchased or acquired during the period from October 9, 2013 to and including November 7, 2013; Qualified Shares means Shares purchased or acquired during the Class Period; "Released Claims" (or "Released Claim" in the singular) means any and all manner of claims, demands, actions, suits, causes of action, whether class, individual or otherwise in nature, whether personal or subrogated, in respect of damages whenever incurred, and liabilities of any nature whatsoever, including interest, costs, expenses (including Administration Expenses or expenses of a similar nature), penalties, lawyers' fees (including Class Counsel Fees), known or unknown, suspected or unsuspected, in law, under statute or in equity, that the Releasors, or any of them, whether directly, indirectly, or in any other capacity, ever had, now have, or hereafter can, shall, or may have as against the Releasees, relating in any way to the Action or to any allegations made or which could have been made in the Action, including, without limitation, representations made by the Releasees to the Class Members concerning the matters alleged by the Plaintiff in the Action; "Releasees" means Detour and Gerald Panneton, and all of their insurers, their respective past and present affiliates and subsidiaries, and all of their respective past and present directors, officers, trustees, partners, employees, servants, consultants, underwriters, advisors, lawyers, representatives, successors, assigns and their heirs, executors, administrators, successors and assigns, as the case may be; "Releasors" means, jointly and severally, individually and/or collectively, the Plaintiff and the Class Members (including Wright), including any person having a legal and/or beneficial interest in the Detour shares held and acquired by the Class Members, and their respective past and present directors, officers, employees, agents, trustees, servants, consultants, underwriters, advisors, representatives, heirs, executors, attorneys, administrators, guardians, estate trustees, successors and assigns, as the case may be; Reference means the procedure by which a Claimant who disagrees with the Administrator s decision relating to eligibility for compensation, the determination of the number of Qualified Shares, or the amount of the Nominal Entitlement, may appeal the Administrator s decision and have it reviewed by the Referee; "Settlement Amount" means $6,000, CAD to be paid by or on behalf of Detour, inclusive of the Administration Expenses, Class Counsel Fees, and any other costs or expenses related to the Action or the Settlement; Shares means equity securities of Detour. 7

8 CHECKLIST 1. Please sign the Release and Declaration and Claim Form; 2. If this claim is being made on behalf of Joint Claimants, then both must sign; 3. Attach copies of all supporting documentation; 4. Do not send original documents; 5. Keep a copy of your Claim Form and all supporting documentation for your records; 6. The Claims Administrator will acknowledge receipt of your Claim Form Package within 30 days. Your claim is not deemed submitted until you receive an acknowledgment. If you do not receive an acknowledgment by within 30 days, please the claims administrator at claims@detourgoldsettlement.com. 7. Please inform Claims Administrator of any changes to mailing address, contact person, phone numbers or address. 8. Do not use red pen or highlighter on the Claim Form or supporting documentation. 9. A cover letter MUST be included with the Claim Form Package. The cover letter must include the total number of accounts; total number of transactions; total number of shares purchased, acquired, and sold; and contact name(s) with phone number(s) and address(s). 10. No Claim Form Package will be considered to have been properly submitted unless the Claims Administrator issues to the Class Member an acknowledgment of receipt and acceptance of the Claim Form Package by One executed Claim Form Package should be completed per submission. This Claim Form Package serves as a master Claim Form Package for one or all of the accounts. 12. Be sure to include company name, account name/number, and company address. If submitting a Claim Form Package on behalf of several accounts, enter Various Accounts for the account name/number. 13. Complete the signature page on the Claim Form and Release and Declaration if you are filing on behalf of your client and provide documentation stating your authorization to sign on behalf of your clients. 14. A valid address must be on file with the Claims Administrator. Communication regarding deficiencies and rejections on the Claim Form Package may be conducted by . A valid address MUST be included on the Claim Form Package. The address provided MUST be updated in the event the contact person or address changes; it is the sole responsibility of the filing party to maintain up-to-date, complete contact information with the Claims Administrator. Claim Form must be postmarked, ed or electronically received by 11:59 pm on Friday, September 29,

9 CLAIM FORM INSTRUCTIONS Claim Form must be postmarked, ed or electronically received by 11:59 pm on Friday, September 29, 2017 to one of the following: Please contact the Claims Administrator at to register for on-line access to the Detour Claims Filing Portal to file a Claim Form Package. Once we verify and authenticate your credentials, the link to the Detour Claims Filing Portal and password will be sent to you by . Mail: Trilogy Class Action Services, Claims Administrator Detour Gold Class Action Administration 7B Pleasant Blvd, P.O. Box 1022, Toronto, Ontario, M4T 1K2 claims@detourgoldsettlement.com If there is a conflict between the provisions or content of this Claim Form Package and the Settlement Agreement or other Court documents, the terms and wording of the Settlement Agreement and the other Court documents will prevail. In order to seek payment from the Compensation Fund, a Class Member must submit a completed Claim Form Package with all supporting documentation to the Claims Administrator, in accordance with the provisions of the Plan of Allocation, on or before the Claims (Bar) Deadline of Friday, September 29, Only Class Members are permitted to participate in the Settlement. In particular, the following persons are not permitted to participate in the Settlement: (i) Excluded Persons, which are defined as Detour s subsidiaries, affiliates, officers, directors, senior employees, legal representatives, heirs, predecessors, successors and assigns, and any member of Gerald Panneton s immediate family and any entity in which any of them has or had an interest during the Class Period; and (2) persons who have previously opted out of the class action in accordance with the Settlement Agreement. Class Members shall be bound by the terms of this Settlement Agreement regardless of whether they submit a completed Claim Form or receive payment from the Compensation Fund. Submission of this Claim Form does not assure that you will share in the proceeds of the Compensation Fund. The Settlement Amount, less administration costs and lawyers fees, will be distributed in accordance with the Courtapproved and supervised Plan of Allocation, which can be reviewed at Under the Plan of Allocation, each Class Member who has filed a valid claim will receive a portion of the Compensation Fund as set out in the Plan of Allocation. In order to remedy any deficiency in the completion of a Claim Form, the Administrator may require and request that additional information be submitted by a Class Member who submits a Claim Form. Such Class Members shall have until the later of thirty (30) days from the date of the request from the Claims Administrator to rectify the deficiency. 9

10 Any person who does not respond to such a request for information within this period shall be forever barred from receiving any payments pursuant to the Settlement, subject to any order of the Courts to the contrary, but will in all other respects be subject to, and bound by, the provisions of this Agreement and the releases contained herein. All joint purchasers must sign this claim. Executors, administrators, guardians, conservators, custodians, third-party filing firms, brokerage firms, and trustees or others acting in a representative capacity on behalf of a Class Member must complete and sign this claim on behalf of persons represented by them, and submit evidence of their current authority to act on behalf of that Class Member, including your titles or capacities which must be stated. Separate Claim Form Packages should be submitted for each separate legal entity (e.g., a claim from joint owners should not include separate transactions of just one of the joint owners) Conversely, a single Claim Form Package should be submitted on behalf of one legal entity including all transactions made by that entity on one Claim Form, no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts) should include all transactions made in all accounts on one Claim Form. If you need more space or additional schedules, attach separate sheets giving all of the required information in substantially the same form. Sign and print or type your name on each additional sheet. On the schedules, provide all of the requested information with respect to all of your purchases and all of your sales of Detour shares that took place during the Class Period, whether such transactions resulted in a profit or a loss. You must also provide all of the requested information with respect to all of the shares of Detour accordingly. Failure to report all such transactions may result in the rejection of your claim. List each transaction separately and in chronological order, by trade date (not settlement date), beginning with the earliest. You must accurately state the month, day, and year (month/date/year format) of each transaction you list. For each transaction, copies of trade confirmations or other documentation of your transactions should be attached to your claim. IF SUCH DOCUMENTS ARE NOT IN YOUR POSSESSION, PLEASE OBTAIN COPIES OR EQUIVALENT DOCUMENTS FROM YOUR BROKER OR FINANCIAL INSTITUTION SERVING YOUR INVESTMENTS. FAILURE TO SUBMIT THIS DOCUMENTATION MAY RESULT IN THE REJECTION OF YOUR CLAIM. DO NOT SEND ORIGINAL DOCUMENTS. Certain Claimants with large numbers of transactions may request, or may be requested, to submit information regarding their transactions in electronic files. This is different from the online submission process that is available at If you have a large number of transactions and wish to file your claim electronically, or manually, ( , regular mail or fax) you must contact the Claims Administrator to obtain the required file layout. Prepare a data file: An Excel spreadsheet or other electronic file containing account information and transactional data MUST be prepared in accordance with Electronic Claim Filing Template. The following formats are acceptable: a) MEDIA: CD, DVD, and FLASH DRIVE and b) DATA: MS EXCEL, and MS ACCESS. For your convenience, an Excel spreadsheet template is available for your use and may be downloaded from website. Trilogy reserves the right to request additional documentation at any time after your Claim Form and Release and file have been received and processed. The documentation provided should be sufficient to verify the validity and accuracy of the data provided in the file. If you provided a letter/affidavit attesting to the truth and accuracy of your data when initially submitting your file, Trilogy may still require specific documentary evidence (trade confirmations, monthly statement, or equivalent) to verify the details of your transactions and/or holdings. 10

11 RELEASE AND DECLARATION YOU MUST READ AND SIGN THE RELEASE AND DECLARATION. FAILURE TO SIGN THIS FORM MAY RESULT IN A DELAY IN PROCESSING OR THE REJECTION OF YOUR CLAIM. I acknowledge that I am a Class Member(s) bound by and subject to the terms of the Settlement Agreement and any Court Order that may form any part of the litigation and settlement. I hereby agree to provide additional information to the Trilogy, the Claims Administrator, to support this claim, if requested to do so. I have not submitted any other claim covering the same purchases or sales of Detour s securities during the Class Period and know of no other person having done so on my (our) behalf. On behalf of myself (ourselves) and each of my (our) heirs, agents, executors, trustees, administrators, predecessors, successors, and assigns, I submit this Claim Form Package under the terms of the Settlement Agreement and any Court Order that may form any part of the litigation and settlement and enforcing the release and declaration set forth herein. RELEASE 1. Upon the Effective Date of the Settlement, I, as a Class Member, acknowledge full and complete satisfaction of, and fully, finally, and forever settle, release, and discharge from the Released Claims each and all of the Released Persons, defined in the accompanying Notice. 2. I hereby warrant and represent that I have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof. 3. I hereby warrant and represent that I have included the information requested about all of my transactions in Detour s securities which are the subject of this claim, which occurred during the Class Period, as well as the opening and closing positions in such securities held by me on the dates requested in this claim form. 4. I hereby acknowledge full and complete satisfaction of, and do hereby fully, finally, and forever settle, release, and discharge from the Released Claims each and all of the Released Persons, defined as each and all of the Defendants, Director Defendants, and Underwriter Defendants, and each and all of their Related Persons. Related Persons means each of the Released Persons and their legal affiliates past or present directors, officers, employees, partners, insurers, co-insurers, reinsurers, principals, controlling shareholders, Class Counsel, Defendant s Counsel, accountants, auditors, investment advisors, personal or legal representatives, predecessors, successors, parents, subsidiaries, divisions, joint ventures, assigns, spouses, heirs, estates, related or affiliated entities, any entity in which a Released Person has a controlling interest, any members of an Individual Defendant s or Director Defendant s immediate family, any trust of which an Individual Defendant or Director Defendant is the Settlor or which is for the benefit of an Individual Defendant or Director Defendant and/or any member of an Individual Defendant s or Director Defendant s immediate family, and any entity in which a Defendant and/or any member of an Individual Defendant s or Director Defendant s immediate family has or have a controlling interest (directly or indirectly). Release of Releasees As of the Effective Date, in consideration of payment of the Settlement Amount and for other valuable consideration set forth in this Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, or in any other capacity, ever had, now have, or hereafter can, shall or may have. 11

12 Mutual Release Between Releasees As of the Effective Date, each of the Releasees forever and absolutely remise, release, waive and forever discharge the other Releasees, their successors and assigns of and from all claims, demands, actions, costs, and debts whatsoever in law or in equity arising from or relating to the Released Claims, save and except for any entitlements to indemnification, whether pursuant to contract, law or equity, other than claims for indemnification arising out of the Action. For greater clarity, nothing herein shall be taken as, or shall constitute, a release by any insured of rights he or she or it may have under any applicable policies of insurance. No Further Claims Upon the Effective Date, the Releasors and Class Counsel shall not now or hereafter institute, continue, maintain or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other person, any action, suit, cause of action, claim or demand against any Releasee, or any other person who may claim contribution or indemnity or other claims over relief from any Releasee, in respect of any Released Claim or any matter related thereto. I declare under penalty of perjury, under the laws of the Province of Ontario, that all of the foregoing information supplied on this Proof of Claim by the undersigned is true and correct. Executed this day of, in,. (Month/Year) (City) Province (Sign your name here) (Capacity of person(s) signing. 12

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14 Detour Gold Class Action Claims Administration CLAIM FORM AND RELEASE Must Be Postmarked or Submitted Online No Later Than 11:59pm on September 29, 2017 Please Type or Print PART I - CLAIMANT IDENTIFICATION The Claims Administrator will use this information for all communications regarding your Claim Form. If this information changes, you MUST notify the claims administrator in writing at the address above. Beneficial Owner s Name (First, Middle, Last, as the name(s) should appear on check, if eligible for payment) Street Address: City: Province or State: Postal or Zip Code: Country: Telephone Number (work) Telephone Number (home) ( ) - ( ) - Individual Corporation/Other Record Owner s Name (if different from the Beneficial Owner listed above): 14

15 Period One Shares means Qualified Shares purchased or acquired during the period from March 12, 2013 to and including May 8, 2013; The Plan of Allocation provides that a Class Member's Nominal Entitlement will be the lesser of the difference between the amount actually paid for the purchase of the Qualified Shares (including any commissions paid in respect thereof) and the amount received upon their disposition (without deducting any commissions paid in respect thereof), and: (a) an amount equal to the number of shares purchased in Period One that were disposed of after November 7, 2013 multiplied by $0.87; The Plan of Allocation states that no Nominal Entitlement shall be available for shares disposed of before November 7, 2013, which is consistent with the damages theory advanced in the Statement of Claim. Number of Qualified Shares acquired between March 12, 2013 to and including May 8, 2013 The amount paid for the purchase of Qualified Shares (including commissions) Number of Qualified Shares disposed of after November 7, 2013 The amount received upon disposition of Qualified Shares (including commissions) Net Gain or Loss And; Number of Qualified Shares acquired in Period One that were disposed of after November 7, 2013; multiplied by $0.87. TOTAL CLAIM Notes: 15

16 Period Two Shares means Qualified Shares purchased or acquired during the period from May 9, 2013 to and including October 8, 2013; The Plan of Allocation provides that a Class Member's Nominal Entitlement will be the lesser of the difference between the amount actually paid for the purchase of the Qualified Shares (including any commissions paid in respect thereof) and the amount received upon their disposition (without deducting any commissions paid in respect thereof), and: (b) an amount equal to the number of shares purchased in Period Two that were disposed of after November 7, 2013 multiplied by $0.10; and The Plan of Allocation states that no Nominal Entitlement shall be available for shares disposed of before November 7, 2013, which is consistent with the damages theory advanced in the Statement of Claim. Number of Qualified Shares acquired between May 9, 2013 to and including October 8, 2013 The amount paid for the purchase of Qualified Shares (including commissions) Number of Qualified Shares disposed of after November 7, 2013 The amount received upon disposition of Qualified Shares (including commissions) Net Gain or Loss And; Number of Qualified Shares acquired in Period Two that were disposed of after November 7, 2013; multiplied by $0.10. TOTAL CLAIM Notes: 16

17 Period Three Shares means Qualified Shares purchased or acquired during the period from October 9, 2013 to and including November 7, 2013; The Plan of Allocation provides that a Class Member's Nominal Entitlement will be the lesser of the difference between the amount actually paid for the purchase of the Qualified Shares (including any commissions paid in respect thereof) and the amount received upon their disposition (without deducting any commissions paid in respect thereof), and: (c) an amount equal to the number of shares purchased in Period Three that were disposed of after November 7, 2013 multiplied by $0.67. The Plan of Allocation states that no Nominal Entitlement shall be available for shares disposed of before November 7, 2013, which is consistent with the damages theory advanced in the Statement of Claim. Number of Qualified Shares acquired between October 9, 2013 to and including November 7, 2013 The amount paid for the purchase of Qualified Shares (including commissions) Number of Qualified Shares disposed of after November 7, 2013 The amount received upon disposition of Qualified Shares (including commissions) Net Gain or Loss And; Number of Qualified Shares acquired in Period Three that were disposed of after November 7, 2013; multiplied by $0.67. TOTAL CLAIM Notes: 17

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