fkozak@rmrf.

com (780) 497-3358

109135-001-FSK

May 20, 2010

Dr. Preston McEachern

Section Head
Science, Research and Innovation
Environment
12th Floor Baker Centre
10025 - 106 Street
Edmonton, AB T5J 1G4

Dear Sir:

Re: Timoney and Lee

We are counsel for Dr. Kevin Timoney and Mr. Peter Lee.

Our clients have viewed a presentation that you made at the University of Alberta on behalf of
the Government of Alberta in relation to the Alberta Oil Sands. They have also read a related
report that you have posted on the Canadian Association of Petroleum Producers (CAPP)
website. In your presentations, you made false and defamatory statements about Dr. Timoney
and Mr. Lee and their research, orally, in the power point slides presented to the audience, and in
the presentation that continues to be posted on the CAPP website.

You have made improper and inaccurate allegations regarding our clients’ 2009 study that was
published in The Open Conservation Biology Journal. Specifically, you have stated or implied
the following:

x Timoney and Lee’s figures are a “lie”. Timoney and Lee did not lie.

x Timoney and Lee “chose to remove data” in their study. Your statement is false.

x You have been recorded stating: “The authors actually removed data from 1985, 2003,
and 2004.” This and other related recorded statements are false.

These and other statements, in print and in recorded form, are an attack on the credibility of the
authors and are false and defamatory. You have mischaracterized their study and the research
that led to its publication. Dr. Timoney and Mr. Lee did not have data from 1985, 2003 and 2004
which you state they removed in doing their study.

Your allegations undermine the credibility and professional reputation of our clients, which are
crucial to their continued success in their field.
Page 2
June 17, 2010

Furthermore, our clients have contacted you in writing in order to gather more information about
your comments and the information you have presented in attacking their study. That
information would have allowed them to analyze your position and respond to clarify the issues
and mitigate the damage you have caused. Unfortunately, you have not provided them with a
response.

We have advised our clients of their right to bring an action against you seeking damages for
defamation. Before doing so, our clients would like to provide you with an opportunity to help
rectify the situation without the need for litigation. Therefore, we have been instructed to demand
that you:

x Provide a letter to Dr. Timoney and Mr. Lee unequivocally retracting and
apologizing for the statements made during your presentation and in the slides
mentioned above;

x Immediately request that CAPP remove the slides from its website;

x Identify any other websites or locations that the presentation or similar materials
are posted online or elsewhere, and request the removal of such materials;

x Reimburse Dr. Timoney and Mr. Lee for legal fees and expenses incurred in this
matter in the amount of $1,000.00; and

x Undertake to refrain from making any such allegations in the future.

This offer is open for acceptance until June 11, 2010. Please be advised that if you do not
respond to us before that time confirming that you will take all of the measures outlined, our
clients will proceed without further notice to you.

Yours truly,

REYNOLDS, MIRTH, RICHARDS & FARMER LLP

PER:

FRED KOZAK QC
FSK/sew

cc: Hon. Rob Renner, Minister, Alberta Environment

#425 Legislature Building, 10800 - 97 Avenue, Edmonton, AB, T5K 2B6
633969;June 17, 2010
 sward@rmrf.com (780) 497-3334
109135-001-SEW

May 20, 2010

Honourable Rob Renner

Minister, Alberta Environment
#425 Legislature Building
10800 - 97 Avenue
Edmonton, AB T5K 2B6

Dear Sir:

Re: Timoney and Lee

We are counsel for Dr. Kevin Timoney and Mr. Peter Lee. We have enclosed a copy of
correspondence sent to Dr. Preston McEachern, which our clients wished to draw to your
attention.

Yours truly,

REYNOLDS, MIRTH, RICHARDS & FARMER LLP

PER:

FRED KOZAK QC
FSK/sew

637147;June 17, 2010