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CLERK'S STAMP FORM 27 [RULES 6,3 AND 10.

52(1)] I
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JUDICIAL CYO GAIIY

COURT FILE NUMBER COURT JUDICIAL CENTRE PLAINTIFF DEFENDANTS

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COURT OF QUEEN'S BENCH OF ALBERTA CALGARY PENN WEST PETROLEUM LTD. BERNARD OMINAYAK,DWIGHT GLADUE; GEORGE WHITEHEAD; TIMOTHY SAWAN; CARL LABOUCAN; JASON LABOUCAN; ALPHONSE OMINAYAK;LONA KEENATCH; LEE LABOUCAN;OKEMOW TAKCEUN and JOHN and JANE DOES NUMBERS 1 THROUGH 30 EXPARTE APPLICATION BY THE PLAINTIFF,PENN WEST PETROLEUM LTD. BENNETT JONES LLP Barristers and Solicitors 4500, 855 2" Street SW Calgary, Alberta T2P 4K7 Attention: E. Bruce Mellett/Laura M. Gill Telephone No.: 403-298-3319 Fax No.: 403-265-7219 Client File No.: 59614-63

DOCUMENT

ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT

NOTICE TO RESPONDENTS: This application is made against you. You are a respondent. You have the right to state your side of this matter before the master/judge.

To do so, you must be in Court when the amended application is heard as shown below: Date: Time: Where: Before Whom: December 13, 2013 10:00 a.m. The Calgary Courts Centre The Presiding Justice in Chambers

Go to the end of this document to see what else you can do and when you must do it. Remedy claimed or sought: 1. The Plaintiff, Penn West Petroleum Ltd. seeks an ex parte Order: (a) Granting a short-term order pursuant to s. 54.03 of the Public Lands Act, R.S.A 2000, c. P-40:

(i)

Prohibiting the Defendants and any party acting on behalf of or in concert with the Defendants from: (A) Blockading, or using any means to block, disrupt, hinder, impede, interfere with, or otherwise obstruct any traffic or transportation from fairly operating on and over all roadways in and around the Haig Lake area of Alberta including those roadways to which Penn West Petroleum Ltd. has a right of use and occupation and in particular those roadways built on public land pursuant to license of occupation LOC 110648; and (B) Otherwise interfering with the operations of the Plaintiff in and around the Sawn and Haig Lake area of Alberta;

(ii) Authorizing any peace officer to remove or seize and remove any material, barrier, equipment, vehicle, structure or obstruction used in contravention of the Public Lands Act, R.S.A. 2000, c. P-40; (iii) Authorizing any peace officer to arrest and remove any person who the Peace Officer has reasonable and probable grounds to believe has had notice of this

Order and is contravening or has contravened the provisions of the Order and to bring such person before this Court to face contempt of Court proceedings or for the fixing of a future date for such proceedings; (iv) Providing that the posting of a copy of the Order on the community notice board located in the last known offices of Bernard Ominayak in Peace River, Alberta will provide sufficient notice of the Order to the Defendants; (v) Providing that the Order shall be in effect until December 20, 2013 unless further reviewed or extended by this Court; (vi) Setting a date and time for hearing of an application for a long-term Order pursuant to s. 54.03 of the Public Lands Act, R.S.A. 2000, c. P-40; and (b) Costs of this Application. 2. In the alternative, granting to the Plaintiff injunctive relief pending the trial of this Action: (a) Prohibiting the Defendants and any party acting on behalf of or in concert with the Defendants from blockading, or using any means to block, disrupt, hinder, impede, interfere with, or otherwise obstruct any traffic or transportation from freely operating on and over all roadways in and around the Sawn and Haig Lake area of Alberta including those roadways to which Penn West Petroleum Ltd. has a right of use and occupation and in particular those roadways built on public land pursuant to license of occupation LOC 110648; (b) Prohibiting the Defendants and any party acting on behalf of or in concert with the Defendants from otherwise interfering with the operations of the Plaintiff in and around the Haig Lake area of Alberta; (c) Authorizing any police officer to enforce any order as may be granted by this Honourable Court; and

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(d) Costs of this Application. Vve41K.Z.1" U. (.0 Psov Grounds for making this application: 3. The Plaintiff has the right to carry on its business and its activities in connection with oil and gas exploration in and around the Sawn and Haig Lake areas and, in particular, the Plaintiff has the right to access and utilize roadways as more particularly described in the Affidavit of Michelle McQuade, but has been and continues to be prevented from utilizing such roadways by the unlawful acts of the Defendants. 4. The Defendants have acted high-handedly and in a manner which is unlawful, and the Defendants should be prohibited by this Court from so acting. 5. The Plaintiff is suffering and will continue to suffer irreparable harm if injunctive relief is not granted. 6. The balance of convenience weighs in favour of granting the relief sought.

Material or evidence to be relied on: 7. 8. Affidavit of Michelle McQuade sworn on December 11, 2013; and The materials filed herein.

Applicable rules: 9. Rules 1.3, 6.4, 6.11, 10.29, 11.27, and 13.5 of the Alberta Rules ofCourt.

Applicable Acts and regulations: 10. Public Lands Act, R.S.A 2000 c. P-40.

Any irregularity complained of or objection relied on: 11. None.

How the application is proposed to be heard or considered: 12. In person.

WARNING If you do not come to Court either in person or by your lawyer, the Court may give the applicant(s) what they want in your absence. You will be bound by any order that the Court makes. If you want to take part in this application, you or your lawyer must attend in Court on the date and at the time shown at the beginning of the form. If you intend to rely on an affidavit or other evidence when the application is heard or considered, you must reply by giving reasonable notice of the material to the applicant.

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