AMENDED PURSUANT TO THE ORDER OF S11CE SIGURDSON DATED SEPTEMBER IN THE SUPREME COURT OF BRITISH COLUMBIA

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1 .., ---~------, -:: SUPREME COURT OF BRITISH COLUMBIA VANCOUVER REGISTRY SEP _ J Form 1 (Rule 8 (3» AMENDED PURSUANT TO THE ORDER OF S11CE SIGURDSON DATED SEPTEMBER NO. S VANCOUVER REGISTRY BETWEEN: IN THE SUPREME COURT OF BRITISH COLUMBIA The AHOUSAHT INDIAN BAND and the AHOUSAHT NATION, represented by Shawn Atleo on his own behalf and on behalf of the members of the Ahousaht Indian Band and the Ahousaht Nation The EHATfESAHT INDIAN BAND and the EHATfBSAHT NATION, represented by Dawn Amos on her own behalf and on behalf of the members of the Ehattesaht Indian Band and the Ehattesaht Nation; The HESQUIAHT INDIAN BAND and the HESQUIAHT NATION represented by Simon Lucas on his own behalf and on behalf of the members of the Hesquiaht Indian Band and the Hesquiaht Nation; The HUPACASATH INDIAN BAND and the HUPACASATH NATION, represented by Peter Tatoosh on his own behalf and on behalf of the members of the Hupacasath Indian Band and the Hupacasath Nation. The HUU-AY-AHT INDIAN BAND and the HUU-AY-AHT NATION] represented by Robert Dennis on his own behalf and on behalf of the members of the Huu-ay-aht Indian Band and the Huu-ay-aht Nation. The KA:'YU:K'T'H/CHE:K'TLES7ET'H' INDIAN BAND and the KA:'YU :K'T'H/CHE:K'TLES7ETH' NATIONS] represented by Leonard Tohn on his own behalf and on behalf of the Ka: 'yu:k't'h/che:k'tles7et'h' Band and the Ka:'yu:k't'h/Che:k'tles7et'h' Nations. The MOWACHAHT/MUCHALAHT INDIAN BAND and the MOWACHAHT/MUCHALAHT NATIONS, represented by Jerry Jack on his own behalf and on behalf of the members of the MowachahtJMuchalaht Indian Band and MowachahtjMuchalaht Nations O\\0868\CO\Second Amended Writ of Summons

2 - 2- The NUCHATLAHT INDIAN BAND and the NUCHATLAHT NATION, represented by WaIter Michael on his own behalf and on behalf of the members of the Nuchatlaht Indian Band and the Nuchatlaht Nation, The TLA-O-QUI-AHT INDIAN BAND and the TLA-O-QUI-AHT NATIONS, represented by Benedict Williams on his own behalf and on behalf of the members of the Tla-o-qui-aht Indian Band and the Tla-o-qui-aht Nations; 11 The TSESHAHT INDIAN BAND and the TSESHAHT NATION, represented by Richard Watts on his own behalf and on behalf of the members of the Tseshaht Indian Band and the Tseshaht Nation; and The UCLUELET INDIAN BAND and the UCLUELET NATION represented by Charles McCarthy on his own behalf and on behalf of the Ueluelet Band and the Ueluelet Nation. AND: THE ATfORNEY GENERAL OF CANADA and HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA SECOND AMENDED WRIT OF SUMMONS PLAINTIFFS DEFENDANTS Name and address of each Plaintiff: All c/o P.O. Box 1383 Port Alberni, B.C. V9Y7M2 Name and address of each Defendant: O)\0868\CD\Second Amended Writ of Summons

3 - 3 - THE ATTORNEY GENERAL OF CANADA clo Attorney General of Canada Department of Justice Suite Howe Street Vancouver, B.C. V6Z 2S9 HER MAJESTY THE QUEEN IN RIGHf OF THE PROVINCE OF BRITISH COLUMBIA clo Ministry of the Attorney General Parliament Buildings Victoria, B.C. V8V lx4 ELIZABElli 1HE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To the Defendants: THE ATTORNEY GENERAL OF CANADA and HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA TAKE NOTICE that this action has been commenced against you by the Plainciff(s) for the claim (s) set out in this Writ. IF YOU INTEND TO DEFEND this action, or if you have a set off or counterclaim that you wish to have taken into account at the trial, YOU MUST GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court, at the address shown below, within the Time for Appearance provided for below and YOU MUST ALSO DELIVER a copy of the "Appearance" to the plaintiffs address for delivery, which is set out in this Writ, and if a Statement of Claim is provided with this writ of summons or is later served on or delivered to you, FILE a Statement of Defence in the above registry of this court within the Time for Defence provided for below and DELIVER a copy of the Statement of Defence to the plaintiffs address for delivery. YOU OR YOUR SOLICITOR may me the Appearance and the Statement of Defence. You may obtain a form of Appearance at the registry. JUDGEMENT MAY BE TAKEN AGAINST YOU IF YOU FAIL to file the Appearance within the Time for Appearance provided for below, or YOU FAIL to me the Statement of Defence within the Time for Defence provided for below. Ol\0868\CD\Second Amended Writ of Summons

4 -4- TIME FOR APPEARANCE If this writ is served on a person in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service). If this Writ is served on a person outside British Columbia, the time for appearance by that person after service, is 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere. [or, if the time for appearance has been set by order of the court, within that time.] TIME FOR DEFENCE A Statement of Defence must be ftled and delivered to the plaintiff within 14 days after the later of the time that the Statement of claim is served on you (whether with this writ of summons or otherwise) or is delivered to you in accordance with the Rules of Court, and the end of the Time for Appearance provided for above. The address of the registry is: 800 Smithe Street Vancouver, BC V6Z2E1 The Plaintiffs address for delivery is: # West Esplanade Street North Vancouver, BC V7M 3J3 Fax number for delivery (if any): The name and office address of the PlaintifFs solicitor is: John R. Rich # West Esplanade Street North Vancouver, BC V7M3J3 O\\0868\CD\Second Amended Writ of Summons

5 - 5 - The Plaintiffs' claim is set out in the Amended Statement of Claim. 11 Dated Tune 17, \0868\CD\Second Amended Writ of Summons