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Message: TSX Reply Re Complaint

TSX Reply Re Complaint

posted on Mar 01, 2008 08:19AM

All:

I realized after Roy Rogers' post yesterday refering to the TSX reply to my complaint [2nd complaint to Steve Kee - reinforced by communication to others up and down the chain of command at TSX] that I'd not forwarded it to the board...sorry - it follows FYI - make what you will of it.

====================================...

I spoke to David Baines in January.

I told him that it was clear from the company's press release that in order to resume trading, the company had to do certain things that were required by the exchange.

Adopting a corporate governance policy and establishing a Disclosure Committee were two of the things required by the Exchange.

Having the directors take a corporate governance course, was not.

There are two stages to a company review -- Stage 1 is the review of the company. That part of this investigation is largely complete, as illustrated by the press release, and as a result we brought the company back to trade so investors could regain liquidity.

Stage 2 is a review of the individuals who run the company. That part of the investigation is not done yet, and that is made clear by the company in its press release when it states that the Exchange may yet have further requirements.

I also told him the file remains ongoing.


Steve Kee
Director, Corporate Communications, TSX Group Inc.,
Toronto Office 416-947-4682, Toll Free 1-888-873-8392,
Cellular 416-358-3714,
Vancouver Office 604-602-6902, Calgary Office 403-218-2892,
steve.kee@tsx.com (Blackberry PIN 2052BBCD)
http://www.tsx.com


Mike Gilbert <mgilbert@rmcomp.com>

01/28/2008 02:17 AM
To: info@tsx.com
cc:
Subject: Concern Re Public Statement by TSX



Good Morning:

The following is a complaint sent to the TSX at the prescribed email address on Jan 12/01. The points I raise are not intended to be rhetorical.

As yet I have had neither acknowledgement nor receipt. I would appreciate Both.

Thank you.

XXXX XXXXXXX

====================================...

Hello:

I write to express my serious concern regarding a statement attributed to a TSX "spokesman" in a January 12th Vancouver Sun article authored by David Baines concerning Winfield Resources [wwf.h].

http://www.canada.com/vancouversun/n...

In that article Steve Kee representing the TSX reportedly stated:

"... the exchange is continuing to review the suitability of all the company's directors and officers."

The remark is coupled with commentary by Mr. Baines suggesting that the exchange may be preparing to require the resignation of WWF president Michael Foley.

Should the remark by Mr. Kee be accurately reported I find it extremely disconcerting that he would presume to issue a public statement which in effect is a negative criticism of the management of the company. In my view such criticism would be inappropriate in the extreme and indicate a prejudicial bias on the part of the exchange toward the company and its officers. Similarly, by virtue of its public nature it would appear to be offered as advice to investors.

I am prepared to accept, given the obviously one-sided presentation Mr. Baines gives the subject, that Mr. Kee's remarks were either misconstrued or presented in a context other than that in which they were made. Nevertheless, presented as they are they tend to undermine investor confidence in the company and compromise the perception of impartiality of the exchange.

I would strongly suggest that steps be taken to publicly correct the impression that has been created the statement as quoted and to forestall any damage which might ensue.

Sincerely

X XXXXXX

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