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Amicus Brief of the Colorado Trial Lawyers Association
SUPREME COURT, STATE OF COLORADO DATE FILED: March 9, 2015 11:42 PM 2 East 14th Ave. FILING ID: EE0D8655BFAD8 Denver, CO 80203 CASE NUMBER: 2014SC224 Telephone: (720) 625-5150 __________________________________________ Colorado Court of Appeals No.: 13CA0517 Published Opinion: 2014 COA 13 (Feb. 13, 2014), by Hon. Fox, J., Navarro, J., concurs, and Jones, J., dissents. Grand County District Court No. 12CV132 Hon. Mary C. Hoak, Judge __________________________________________ SALYNDA E. FLEURY, individually, on behalf of INDYKA NORRIS AND SAGE NORRIS, and as surviving spouse of CHRISTOPHER H. NORRIS Petitioner, v. COURT USE ONLY INTRAWEST WINTER PARK OPERATIONS CORP., ____________________________ Respondent. Case No: 2014SC000224 __________________________________________ Attorney for Amicus Curiae Colorado Trial Lawyers Association: John F. Poor, #40395 Heideman Poor LLC 695 South Colorado Blvd., Suite 480 Denver, Colorado 80246 Phone No.: 303-975-6363 Fax No.: 720-465-7022 Email: [email protected] BRIEF OF AMICUS CURIAE THE COLORADO TRIAL LAWYERS ASSOCIATION i CERTIFICATE OF COMPLIANCE I hereby certify that this brief complies with all requirements of C.A.R. 28 and C.A.R. 32, including all formatting requirements set forth in these rules. Specifically, the undersigned certifies that: Choose one: It contains 6125 words (not to exceed 9,500 words). It does not exceed 30 pages. The brief complies with C.A.R. 28(k). For the party raising the issue: It contains under a separate heading (1) a concise statement of the applicable standard of appellate review with citation to authority; and (2) a citation to the precise location in the record (R. , p. ), not to an entire document, where the issue was raised and ruled on. -
Top 20 Largest - Consolidated Short Position Report
Top 20 Largest - Consolidated Short Position Report Please find below the Top 20 Largest Consolidated Short Position Report Highlights. The report is produced twice monthly, effective the 15th and the end of each month. The report below covers the 2-week period ending December 31, 2013. TSX Markets (a division of TSX Inc.) collects this information on behalf of Investment Industry Organization of Canada. Participating Organizations are required to file this information pursuant to Universal Market Integrity Rule 10.10. Issue Name Symbol As of Dec 30 As of Dec 15 Net Change LUNDIN MINING CORPORATION LUN 60,372,644 62,894,431 -2,521,787 BOMBARDIER INC. CL B SV BBD.B 52,650,735 33,988,500 18,662,235 NEW GOLD INC. NGD 46,377,287 47,205,108 -827,821 OSISKO MINING CORPORATION J OSK 43,675,171 43,720,790 -45,619 THOMSON REUTERS CORPORATION TRI 41,633,981 28,979,682 12,654,299 ATHABASCA OIL CORPOATION J ATH 37,568,553 38,388,408 -819,855 MANULIFE FINANCIAL CORPORATION MFC 37,428,824 46,959,284 -9,530,460 BARRICK GOLD CORPORATION ABX 32,416,329 24,026,847 8,389,482 BROOKFIELD OFFICE PROPERTIES INC. BPO 32,255,989 20,777,738 11,478,251 HUSKY ENERGY INC. HSE 29,269,593 26,681,348 2,588,245 LEGACY OIL + GAS INC. LEG 29,210,825 29,114,197 96,628 CELESTICA INC. SV CLS 28,638,415 36,833,550 -8,195,135 BCE INC. BCE 28,544,803 24,118,117 4,426,686 GREAT-WEST LIFECO INC. -
Market Index Uniflex 10%
Investment and retirement 5% 10% Market Index Uniflex 10% 25% Main Product Features 25% 6-year term (not redeemable before maturity) Guarantee of principal on maturity of 100% Low management fees of 1% per year 10% 15% $500 minimum deposit An easy way to diversify Cut-off age: 64 y/o (registered) and 70 y/o (non-registered) Even under a scenario where the return of each share is negative, this product may produce a global positive return Sector diversification of the Market Index Uniflex How it works On the settlement date, a starting level will be determined for each Canadian share included in the portfolio. On the maturity date, a ratio of the closing level over the starting level for each share will be computed. The 8 best performing shares during the 6-year term will be automatically assigned a fixed return of 60%, regardless of whether the actual return was positive or negative. The remaining 12 shares will be assigned their actual return. The global return (maximum 60%) will be calculated by averaging these 20 returns. The value at maturity will be the highest value between: the initial deposit; or the initial deposit PLUS global return (maximum 60%) Exposure to 20 Canadian companies included in the S&P/TSX 60 Index Company Sector Company Sector Metro Inc. Scotiabank Consumer staples Loblaw Companies Limited The Toronto-Dominion Bank Royal Bank of Canada Financial services Bank of Montreal Enbridge Inc. Sun Life Financial Inc. TransCanada Corporation Cenovus Energy Inc. Energy Canadian Natural Resources Limited Canadian National Railway Industrials Suncor Energy Inc. -
Abuse by Barrick Gold Corporation Barrick's Porgera Gold Mine
FACTSHEET: Abuse by Barrick Gold Corporation Representing survivors of gang rape and those killed by Barrick Gold Corporation’s security guards at the Porgera gold mine in Papua New Guinea Canadian mining company Barrick Gold Corporation, the largest gold mining company in the world, operates the Porgera mine in Papua New Guinea (PNG), where security guards have raped and gang-raped hundreds of local women and girls and killed several local men. EarthRights International (ERI) represents a number of survivors of rape and family members whose relatives were killed by Barrick security guards. Barrick’s Porgera Gold Mine Barrick has owned and operated the Porgera gold mine since 2006, when it acquired the previous owner, Placer Dome. Barrick also acquired a legacy of environmental damage and human rights abuses that it has failed to remedy. Each day, Barrick dumps more than 16,000 tons of waste into the Porgera River and local creeks that villagers have long relied upon for drinking water, bathing, and washing clothes and food. The mine’s ever-expanding waste dumps continue to take over the land and bury the homes of the original landowners that have lived in the region for generations, long before large-scale mining came to Porgera. Surrounded on all sides, villagers have no choice but to cross the dangerous dumps to reach agricultural land, commercial areas, schools or other villages. Many have not been compensated for the loss of their land and their homes, and Barrick has refused to relocate them. Without land to farm and sources of clean water, practically the only means of income available to some of the local indigenous communities is to scavenge for remnants of gold in the open pit or the treacherous waste dumps. -
Adapting to Climate Change: a Guide for the Mining Industry
Adapting to Climate Change: A Guide for the Mining Industry Julia Nelson, Manager, Advisory Services Ryan Schuchard, Manager, Climate and Energy This guide is part of a BSR This primer on climate change adaptation summarizes how companies in the industry series. For additional mining industry are reporting on climate change risks and opportunities, and highlights current and emerging best practices and guidance for E&U companies climate adaptation briefs, please visit www.bsr.org/adaptation. on how to develop a proactive approach to climate change adaptation. In this brief, mining refers to companies involved in the extraction of a broad range of metals and minerals, including precious metals, base metals, industrial Contents and Methodology minerals, coal, and uranium. This brief covers: Introduction Reporting on Risks and Opportunities: A synopsis Due to the wide geographic distribution of mining operations, climate change, including temperature and precipitation shifts as well as more frequent and based on reporting of climate severe extreme weather events, will have complex impacts on the sector. risk in 2009 by 41 mining Climactic conditions will affect the stability and effectiveness of infrastructure and companies to the Carbon equipment, environmental protection and site closure practices, and the Disclosure Project (CDP). availability of transportation routes. Climate change may also impact the stability and cost of water and energy supplies. Current Practices: An outline of actions related to climate Some examples: Warming temperatures will increase water scarcity in some change adaptation based on locations, inhibiting water-dependent operations, complicating site rehabilitation reporting from the CDP, and bringing companies into direct conflict with communities for water resources. -
Lumwana Data Related News
Search for mines and projects Lumwana Data Owner Share % Barrick Gold Category Type Sub-Type Status Startup Year Product Annual Production Run-of-Mine Copper Gold - Cobalt - Reserves Resources Country Zambia Nearest Port Nearest Town / City View All Data Related News Skeena Intersects 24 g/t Gold Over 3.2 Metres at Snip 2016-11-01 VANCOUVER, BC--(Marketwired - November 01, 2016) - Skeena Resources Limited (TSX VENTURE: SKE) ("Skeena" or the "Company") is pleased to announce the final assay results from the recently completed drill program at the past-producing Snip high-grade gold project ("Snip") located in the Golden Triangle of northwest British Columbia. Highlights include 24.44 g/t Au over 3.2 metres, including 38.3 g/t Au over 1.9 metres in hole S-16-16 which, along with hole S-16-17, were targeted to further extend the newly discovered Twin West Structural Corridor. Barrick’s $1bn Super Pit stake said to draw Kinross, Zijin 2016-10-07 Barrick Gold’s stake in the Kalgoorlie Super Pit mine has drawn interest from Kinross Gold and Zijin Mining Group in a sale that could fetch as much as $1-billion, people with knowledge of the matter said. Australian producers Newcrest Mining, Northern Star Resources and Evolution Mining are also reviewing data on the mine ahead of possible indicative bids, which are due by the end of October, according to the people. Argentina approves restart of Barrick’s Veladero mine 2016-10-04 The world’s largest gold miner by output Barrick Gold has been given permission to restart operations at its Veladero mine – one of its cornerstone mines – in San Juan, Argentina. -
Barrick Responsibility Report 2007 What Is Responsible Mining?
Barrick Responsibility Report 2007 What is responsible mining? About this Report The 2007 Responsibility Report summarizes Barrick’s global environmental, health, safety and social (EHSS) performance. The Responsibility Report and supplemental documents provide information on all of our operations and joint ventures, as well as corporate and regional offices. Data presented in this report are for the calendar year 2007. The data are aggregated globally and intensity indices are used where relevant. We recognize that the audience for our responsibility reporting is diverse and their information needs are broad. In order for us to meet the needs of all our stakeholders the 2007 Responsibility Report focuses on our performance and the significant issues we are confronting. It is supplemented on our website by more detailed Regional Responsibility Reports, comprehensive data tables and more information on our management approach to Corporate Social Responsibility. See www.barrick.com/CorporateResponsibility. Our annual report on the International Council on Mining and Metals (ICMM) Principles, our Global Reporting Initiative (GRI-G3) Index and the UN Global Compact Communication on Progress (COP) report are all available on our website. We are committed to transparent disclosure of our social responsibility performance and critical issues raised during the year. Issues discussed in this report and on our website were identified by: • Stakeholder feedback and concerns • Consideration of key environmental, health, safety and social risks to our business • Use of the Global Reporting Initiative including the new G3 guidelines Barrick includes, with each Responsibility Report, a third-party review of our report and the associated process of data collection and verification. -
1 Fact Matrix in Response to May 28, 2020 JCAP Report “Novagold Pipe Dream: the Deposit That Will Never Be Mined”I Sentence
Fact Matrix in Response to May 28, 2020 JCAP Report “NovaGold Pipe Dream: The deposit that will never be mined”i Sentence Statement Response Factual Support 1 (2)1 For the last 15 years, NovaGold’s management team has False and Misleading • The information presented was objective and factual, systematically misled investors with subjective not subjective, based on reliable information available presentation of information about a deposit so remote at the time. and technically challenging that the mine will never be built. • It is false and misleading to conflate two eras of management over the past fifteen years into one. The present management team has been leading NOVAGOLD for the past eight years. • It is common in the gold mining industry to deal with remote properties. Donlin Gold, however, is not so remote or technically challenging that the mine could not be built. The feasibility of the Donlin Gold project is documented in the publicly-available Donlin Creek Gold Project Alaska, USA, NI 43-101 Technical Report on Second Updated Feasibility Study,” effective November 18, 2011, amended January 20, 2012 (“FSU2”). • The FSU2 details the extensive technical, environmental, and social studies that were conducted by reputable firms with Donlin Gold’s Native Corporation partners and local stakeholders to ensure the longevity and viable development of such an important deposit in the Yukon-Kuskokwim region. • The pipeline design and analysis are detailed in NOVAGOLD’s FSU2 and Donlin Gold’s “Natural Gas Pipeline Plan of Development Donlin Gold, Revision 1”, December 2013, prepared by SRK Consulting, Inc., “Supplemental Information for the Donlin Gold Natural Gas Pipeline State Pipeline Right-of-Way Lease Application (ADL 231908)”, 1 Numbers in parentheses refer to the page of the JCAP report cited. -
TELUS Corporation Annual Information Form for the Year Ended
TELUS Corporation annual information form for the year ended December 31, 2005 March 20, 2006 FORWARD LOOKING STATEMENTS.................................................................................................2 TELUS .........................................................................................................................................................2 OPERATIONS, ORGANIZATION AND CORPORATE DEVELOPMENTS ...................................5 EMPLOYEE RELATIONS .....................................................................................................................14 CAPITAL ASSETS AND GOODWILL.................................................................................................15 ALLIANCES .............................................................................................................................................17 LEGAL PROCEEDINGS ........................................................................................................................20 FOREIGN OWNERSHIP RESTRICTIONS.........................................................................................22 REGULATION .........................................................................................................................................23 COMPETITION .......................................................................................................................................32 DIVIDENDS DECLARED.......................................................................................................................35 -
Franco-Nevada Corp. (NYSE: FNV) 11.17.2020
Investment Management Program Franco-Nevada Corp. (NYSE: FNV) 11.17.2020 Analyst: Chris Harootunian Email: [email protected] Sector: Basic Materials Stock Type: Large Growth Industry: Gold MKT CAP: $25.6325B Current Price Fair Value 52 Wk Range $134.80 $99.68 $77.18 – 166.11 Company Overview: Franco-Nevada Corp is a precious-metals-focused royalty and investment company. The company owns a diversified portfolio of precious metals and royalty streams, which is actively managed to generate the Key Stock Statistics bulk of its revenue from gold, silver, and platinum. The Yield 0.77% company does not operate mines, develop projects, or Beta 0.61 conduct exploration. Revenue $973.80M Executive Summary: Operating Margin 54.87 Franco-Nevada Corp. has exhibited strong growth and Net Income $263M returns this year, and since the purchase of this stock EPS 1.39 for the portfolio. In April of 2017, the Wisman fund Operating Cash Flow $742M purchased 57 shares of FNV at $69.86 a share. It is Free Cash Flow $560M currently trading at 134.80 and has returned 26.2% Return On Assets 4.95 YTD with a holding return of 86.1%. Due to the Return on Equity % 5.19 uncertainty of the COVID-19 pandemic and the P/E 97.09 volatility of the economy it is time to consider selling a P/B 4.92 portion of the shares. The outlook for the gold industry P/S 26.30 is cloudy and FNV’s peers are trading at a more P/FCF 34.48 affordable price. -
Dedicated and Pragmatic, Melanie Is Considered “An Extremely Capable
Dedicated and pragmatic, Melanie is considered “an extremely capable M&A lawyer,” with one client stating she is “one of the best strategic deal counsellors we’ve come across in any sector, not just mining.” Chambers Global 2017 Melanie’s ability to bring strategic thinking to clients’ public and private mergers Melanie A. Shishler and acquisitions is the reason organizations across numerous sectors rely on Partner her expertise for their complex transactions. A significant portion of Melanie’s M&A practice is working with clients in the Office mining sector. Her skill in this area has earned Melanie recognition in Chambers Toronto Global for Mining. She is lead counsel on worldwide and significant M&A initiatives for Barrick Gold Corporation as well as numerous intermediate and Tel 416.863.5510 junior mining companies. She is well regarded by clients for her insight into the business realities of Email Canadian and international M&A. Melanie, says a client, “gives frank advice, [email protected] which is always top notch, but also grounded in commercial sense, regarding what’s possible and how to do the transaction.” (Chambers Global 2016) Expertise Mergers & Acquisitions Melanie is a member of our Management Committee. Mining Corporate Governance REPRESENTATIVE WORK Capital Markets & Securities Roxgold Inc. Bar Admissions Acted for Roxgold Inc. in its C$1.1billion business combination with Fortuna Ontario, 1999 Silver Mines Inc. to create a premier growthoriented global intermediate gold and silver producer. The Pallinghurst Group Acted for The Pallinghurst Group, a private investor in the global natural resources sector, in its joint 5050 acquisition with Investissement Québec of Québecbased Nemaska Lithium Inc. -
460 NYSE Non-U.S. Listed Issuers from 47 Countries (December 28, 2004)
460 NYSE Non-U.S. Listed Issuers from 47 Countries (December 28, 2004) Share Country Issuer (based on jurisdiction of incorporation) † Symbol Industry Listed Type IPO ARGENTINA (10 DR Issuers ) BBVA Banco Francés S.A. BFR Banking 11/24/93 A IPO IRSA-Inversiones y Representaciones, S.A. IRS Real Estate Development 12/20/94 G IPO MetroGas, S.A. MGS Gas Distribution 11/17/94 A IPO Nortel Inversora S.A. NTL Telecommunications 6/17/97 A IPO Petrobras Energía Participaciones S.A. PZE Holding Co./Oil/Gas Refining 1/26/00 A Quilmes Industrial (QUINSA) S.A. LQU Holding Co./Beer Production 3/28/96 A IPO Telecom Argentina S.A. TEO Telecommunications 12/9/94 A Telefónica de Argentina, S.A. TAR Telecommunications 3/8/94 A Transportadora de Gas del Sur, S.A. TGS Gas Transportation 11/17/94 A YPF Sociedad Anónima YPF Oil/Gas Exploration 6/29/93 A IPO AUSTRALIA (10 ADR Issuers ) Alumina Limited AWC Diversified Minerals 1/2/90 A Australia and New Zealand Banking Group Limited ANZ Banking/Financial Services 12/6/94 A BHP Billiton Limited BHP Mining/Exploration/Production 5/28/87 A IPO Coles Myer Ltd. CM Retail Operations 10/31/88 A James Hardie Industries N.V. JHX International Bldg. Materials 10/22/01 A National Australia Bank Limited NAB Banking 6/24/88 A Rinker Group Limited (Rinker) RIN Heavy Building Materials Mfg. 10/28/03 A Telstra Corporation Limited TLS Telecommunications 11/17/97 A IPO Westpac Banking Corporation WBK Banking 3/17/89 A IPO WMC Resources Ltd WMC Minerals Development/Prod.