Court File No.: CV-12-00467836-00CP ONTARIO SUPERIOR COURT OF JUSTICE PETERKAYNES Plaintiff BP, PLC Defendant Proceedings under the Class Proceedings Act, 1992 FRESH AS AMENDED STATEMENT OF CLAIM TO THE DEFENDANTS A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff. The claim made against you is set out in this Statement of Claim served on you pursuant to Rule 17.02 and 17.04 the Ontario Rules of Civil Procedure. IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the plaintiffs lawyers or, where the plaintiff does not have a lawyer, serve it on the plaintiff, and file it, with proof of service, in this court office, WITHIN TWENTY DAYS after this notice of action is served on you, if you are served in Ontario. If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period is sixty (60) days. Instead of serving and filing a statement of defence, you may serve and ftle a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to serve and file your statement of defence. IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE~ PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE. ..J-- \l Date: November 15,2012 Issued by: AJ.-..rt<; \l..:\ Registrar Address of Court Office: SUPER IOR COURT COUR SUP~RIEURE OF:JUSTICE DE JUSTICE 393-0N IVERSITY AVE. 393 AVE. UNIV£RSITY TO: 10TH FLOOR 10E tTAGE TO"'ONTO, ONTARIO TORONTO, ONTARIO M5G 1E6 MSG 1E6 OSLER, HOSKIN & HARCOURT LLP Larry P. Lowenstein, LSUC#23120C Laura Fric, LSUC#36556Q Kevin O'Brein, LSUC#51568U P.O. Box 50 1 First Canadian Place Toronto, Ontario M5X 1B8 Tel: 416.862.5899 Fax: 416.862.6666 On behalf ofBP, p.l.c. In re BP pic Securities Litigation, CV-12-00463836-00CP, Amended Statement of Claim 2 DEFINED TERMS 1) In addition to the terms and meanings used in section 138.1 of the Ontario Securities Act, the capitalized terms used throughout this statement of claim have the meanings indicated below: a) "Baker Report" means an BP published report concerning safety management and systems across U.S. operations and how it would improve operational safety by adopting 10 recommendations, chaired by former U.S. Secretary of State James Baker, III, which was disseminated to the public on January 16, 2007; b) "Biy Report" means BP's Deepwater Horizon Accident Investigation Report dated September 8, 201 0; c) "BOP" means a blowout preventer, which has several features that could be used to seal oil wells; two donut-shaped rubber elements called "annular preventers" that encircled drill pipe or casing inside the BOP, and, five sets of metal rams to cut thru drill pipe insider the BOP to seal off the well in emergency situations. The BOP is designed to contain pressure within the wellbore and halt an uncontrolled flow of hydrocarbons into the ocean and up to the rig; d) "BP" or the Company, means BP p.I.c.; e) "Class" and "Class Members" means all residents of Canada, other than Excluded Persons, who acquired equity securities of BP during the period from (a) May 9, 2007 to and including January 12, 2009, and who held some or all of those securities at the close of trading on May 28, 2010, and (b) January 13,2009 to and including May 28, 2010; f) "CJA" means the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended; . g) "Deepwater Horizon" means a vessel or offshore facility capable of being used to drill offshore wells, which has as part of its operating equipment and appurtenances a BOP and LMRP, a marine riser and associated piping, and other equipment. On April 20, 2010, it exploded and subsequently sake into the Gulf of Mexico; h) "Equivalent Securities A-cts" means Securities Act, RSA 2000, c S-4, s. 211.03; Securities Act, SNB 2004, c S-5, s. 161.2; Securities Act; CCSM In re BP pic Securities Litigation, CV-12-00463836-00CP, Amended Statement of Claim 3 c S50, s. 176; Securities Act RSBC 1996, c 418, s. 140.3; Securities Act, 1988, SS 1988-89, c S-42.2, s. 136.11; Securities Act RSNS 1989, c 418, s. 146C; Securities Act, RSNL 1990, c S-13, s. 38.3; Securities Act, RSPEI 1988, c S-3.1, s. 124; Securities Act, RSQ c V-1.1, ss. 225.8, 225.9, 225.10, and 225.11; Securities Act, SNWT 2008, c I 0, s. 124; Consolidation of Securities Act, SNu 2008, c 12, s. 124 and Securities Act, SY 2007, c 16, s. 124; i) "Excluded Persons" means BP's subsidiaries, affiliates, officers, directors, executive level employees, legal representatives, heirs, predecessors, successors and assigns, and all residents of Canada who acquired BP's securities listed on the New York Stock Exchange who do not deliver an opt out notice in the matter of BP, plc Securities Litigation, MDL No. 2185 (S.D. Tex.); j) "Frankfurt" means the Frankfurt stock exchange, which is known as the Deutsche Borse AG; k) "Hydrocarbons" means a compound of hydrogen and carbon, such as any of those that are the chief components of petroleum and natural gas; 1) "IEP" means BP's initial exploration plan for the Mississippi Canyon Block 252, which is where the Macondo Well is located within the Gulf of Mexico; m) "LON" means the London Exchange; n) "LMRP" means a lower marine riser package; o) "NYSE" means the New York Stock Exchange; p) "Macondo Well" means an underwater oil well approximately 1,500 meters deep located within a geographic region of the Gulf of Mexico identified as Mississippi Canyon Block 252, which was connected to the Deepwater Horizon; q) "OMS" means BP's operating management system, which is published in its annual Sustainability Reviews and elsewhere, as the primary framework that alleged to have served as the foundation for processes designed to increase BP's process safety procedures and a blueprint for safety and all aspects of operations throughout BP and how every BP project, site, operation and facility is managed following OMS Group Essentials; r) "OMS Group Essentials" means the core aspects of the OMS as defmed by BP in a letter to the United States Securities & Exchange Commission dated October 8, 2010, which includes each of BP's operating entities In re BP pic Securities Litigation, CV-12-00463836-00CP, Amended Statement of Claim 4 creates its own local OMS, tailored to its operations, including crisis plans; s) "OSA" means the Securities Act, R.S.O. 1990 c. S.5, as amended; t) "OSRP" means BP's Regional Oil Spill Response Plan for the Gulf of Mexico, published June 30, 2009, as required by the Oil Pollution Act of 1990 and necessary to publish in order to engage in drilling and exploration activities in the Gulf of Mexico, which requires the owners or operations of offshore oil-handing, storage, or transportation facilities to prepare a oil spill response plan; u) "Plaintiff' means Peter Kaynes; v) "Presidential Commission Report" means the Report to the President, National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling published January 2011; w) "Process Safety" means, as described by BP's Sustainability Report, applying good design principles, engineering and operating and maintenance practices to manage operations safely. x) "Sustainability Review" means the annual report that BP published that detailed its Process Safety and operational risk guide and risk management systems, including the OMS, in April2007; y) "Top Kill method" (a/k/a, "dynamic kill" or ''top kill") means a procedure by which BP was hoping to cut-off the flow of oil completely by pumping heavy drilling mud into the top of the well through the BOP's chock and kill lines, at rates and pressures high enough to force escaping oil back down the well and into the reservoir. The method also includes pumping materials, including pieces of tire rubber and golf balls, into the bottom of the BOP through the choke and kill lines ideally to impede the flow of oil. By slowing the flow of oil, this is used to make it easier for the drilling mud to cut-off the flow of oil completely; z) "SEC" means the U.S. Securities and Exchange Commission; aa) "SEDAR" means the System for Electronic Document Analysis and Retrieval which is a filing system developed for the Canadian Securities Administrators; and bb) "TSX" means the Toronto Stock Exchange. In re BP pic Securities Litigation, CV-12-00463836-00CP, Amended Statement of Claim 5 RELIEF CLAIMED 2) Plaintiff claims on his own behalf and on behalf of the other Class Members: a) an order granting leave to amend this amended statement of claim to assert the causes of action set out ins. 138.3 of the OSA and the analogous provisions in the Equivalent Securities Acts, effective nunc pro tunc to April 20, 20 12; b) an order pursuant to the CPA certifying this action as a class proceeding and appointing him as the representative plaintiff of the Class; c) a declaration that BP made a misrepresentation about its IEP, OMS and OSRP; d) a declaration that BP made an omission about the amount of and ability to recollect the oil being leaked into the Gulf of Mexico; e) a declaration that the BP made the misrepresentation negligently; t) assessment of damages pursuant to s.