This Notice is directed to: All persons and entities, other than Excluded Persons1, who purchased Pretium Resources, Inc.s (Pretium) common shares listed on the Toronto Stock Exchange (TSX), and all Canadian-resident persons and entities who purchased Pretiums common shares listed on the New York Stock Exchange, during the period from July 23, 2013, to and including October 21, 2013, and who held some or all of those securities at the close of trading on October 8, 2013; or October 21, 2013 (the Class and Class Member(s)) 1Excluded Person means Pretium Resources Inc. and Robert A. Quartermain, and Pretiums past and present subsidiaries, affiliates, officers, directors, and any member of Quartermains family.
This lawsuit alleges that Pretium and Quartermain released documents containing misrepresentations about the Companys business and operations at its Brucejack Mine. The lawsuit further alleges that when the Company issued statements correcting these misrepresentations on October 9, and 22, 2013, the price of Pretiums stock declined to reflect the true state of events, thereby harming Class Members.
On January 23, 2019, the Honourable Justice Belobaba of the Ontario Superior Court of Justice certified the action: Wong v. Pretium Resources, Court File No.: CV-13-00491800-CP (the Class Action) as a class proceeding against Pretium and Quartermain on consent, and appointed David Wong as the representative plaintiff. The substance of the litigation (i.e. that the Defendants made misrepresentations in their public disclosure documents in 2013) has not been adjudicated by the Court. The Defendants deny the allegations.
YOUR TWO OPTIONS:
1. Do Nothing and Remain in the Class Action: Class Members are automatically included in the action once certified if they do not opt-out. You do not need to do anything at this time to stay in the Class Action. If a settlement or any recovery or benefits are achieved for the Class and approved by the Court, you will be notified about how to ask for the portion to which you are entitled. You will be legally bound by all orders and judgments of the Court, and you will not be able to sue the Defendants on your own regarding the legal claims made in this case. You will NOT be required to pay any costs in the event that this Class Action is unsuccessful.
2. Opt-Out of the Class Action: All Class Members will be bound by all orders and judgments of the Court and any settlement reached unless they opt-out of the action. If you wish to pursue your own action or do not want to be bound by the outcome of the Class Action, YOU MUST OPT-OUT OF THE CLASS ACTION.
If you want to opt-out of the Class Action, you must fill out an Opt-Out Form (available at www.morgantico.com) and send it BEFORE THURSDAY, APRIL 11, 2019 AT 5:00 PM E.S.T., by email to [email protected] or by regular mail or courier to Paul Battaglia at:
Trilogy Class Action Services c/o Pretium Class Action Settlement 177 Queen Street,P.O. Box 1000, Niagara-on-the-Lake, ON L0S 1J0
A copy of the long-form notice providing greater detail about the certification and your right to opt-out of the action is available at http://www.morgantico.com.
Class members who seek the advice or guidance of their personal lawyers do so at their own expense.
The publication of this notice was authorized by the Ontario Superior Court of Justice. Questions about this notice should NOT be directed to the Court.