COURT FILE NUMBER

COURT

JUDICIAL CENTRE

PLAINTIFF

DEFENDANTS

DOCUMENT

ADDRESS FOR SERVICE ANDCONTACT INFORMATION OFPARTY FILING THISDOCUMENT

NOTICE TO RESPONDENTS:

FORM 27[RULES 6,3 AND 10.52(1)] I

CLERK'S STAMP

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JUDICIALCYO GAIIY

13v1- ROACOURT 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 andJOHN and JANE DOES NUMBERS 1 THROUGH30

EX PARTE APPLICATION BY THE PLAINTIFF, PENN WEST PETROLEUMLTD.

BENNETT JONES LLPBarristers and Solicitors4500, 855 — 2" Street SWCalgary, Alberta T2P 4K7

Attention: E. Bruce Mellett/Laura M. GillTelephone No.: 403-298-3319Fax No.: 403-265-7219Client File No.: 59614-63

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.

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To do so, you must be in Court when the amended application is heard as shown below:

Date:Time:Where:Before Whom:

December 13, 201310:00 a.m.The Calgary Courts CentreThe 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

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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.

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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. Affidavit of Michelle McQuade sworn on December 11, 2013; and

8. 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 of Court.

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.

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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 theapplicant(s) what they want in your absence. You will be bound by any order that theCourt makes.

If you want to take part in this application, you or your lawyer must attend in Court onthe date and at the time shown at the beginning of the form. If you intend to rely on anaffidavit or other evidence when the application is heard or considered, you must replyby giving reasonable notice of the material to the applicant.