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May 2011
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July 2011

June 2011

Upcoming Events

Perfecting the Appeal.

That's the legal jargon for finishing and filing our appeal and factum for the jurisdiction motion. Now that it's filed with the court it will become publicly available in the next few days. We'll post our copy in the yellow sidebar to the right when we get it.

Official Class Action Website.

Coming real soon is the official class action website owned and maintained by the attorneys. We'll have that link available as soon as it goes live.

Shareholder Letter.

Via snail mail, you should be receiving a letter before the end of July.


Items of Interest

The Oppression Remedy - our choice for legal action in Canada. What does remedy mean? It is: The means by which a right is enforced or by which the violation of a right is prevented or compensated. The means employed to enforce a right or redress an injury. http://www.lectlaw.com/def2/q031.htm

From the case: 1413910 Ontario Inc. v. McLennan

34_______ The oppression remedy is designed to address, where oppression is found, the imbalance of power on the part of those in control with the vulnerability on the part of those having a genuine stake in the affairs of corporation but no control over its conduct. In my view, a person to whom the corporation owes an obligation affirmed by judgment but as yet unquantified by assessment of damages, is in no less vulnerable position vis à vis the corporation and has no less a legitimate stake or interest in the manner in which the affairs of the corporation are conducted than one to whom a liquidated sum is owed.

Minority Shareholder's Rights per the Securities Laws in Canada. Under section 6 of the Instruments, Rules and Policies relating to Takeover Bids and Special Transactions is protection for the minority shareholders. For further reading click on the following text.

MULTILATERAL INSTRUMENT 61-101

PROTECTION OF MINORITY SECURITY HOLDERS IN SPECIAL TRANSACTIONS

 From the desk of the SEC.

2.2.2.4  Referrals from Congress (from the Enforcement Manual)
The Basics of Receiving a Referral from Congress: 
The SEC frequently receives complaints and other information from members of Congress on behalf of the constituents whom they represent.  Most of these letters are directed to the Office of Legislative Affairs or the Office of the Chairman and then assigned to the appropriate SEC division or regional office. The Office of the Chairman tracks the responses to congressional letters. As with complaints and other information 13received from other sources, each complaint and tip received by the Division from Congress and congressional constituents is carefully reviewed by staff.

Thanks to all shareholders who have contributed financial and human capital to advance the process of recovery of your investment losses in Birch Mountain. Thanks also to shareholders who have stepped up to write their Congressional representatives, take action and get involved for the benefit of all. You are making a difference.