COURT FILE NUMBER Q.B. No. 1038 of 2018

COURT OF QUEEN'S BENCH FOR SASKATCHEWAN

JUDICIAL CENTRE SASKATOON

APPLICANT HUMBOLDT BRONCOS MEMORIAL FUND INC.

IN THE MATTER OF THE INFORMAL PUBLIC APPEALS ACT, SS 2014, c 1-9.0001

AND IN THE MATTER OF FUNDS DONATED THROUGH THE GOFUNDME ONLINEFUNDRAISING PLATFORM IN RESPONSE TO AN ACCIDENT ON APRIL 6, 2018 INVOLVINGPERSONS TRAVELLING ON THE HUMBOLDT BRONCOS JUNIOR HOCKEY TEAM BUS

THIRD AFFIDAVIT OF DARRIN DUELL

I, Darrin Duell, of the City of Saskatoon, in the Province of Saskatchewan, MAKE OATH AND

SAY AS FOLLOWS:

1. I am the President and Treasurer, and a director, of the Applicant, Humboldt Broncos

Memorial Fund Inc. ("HBMFI"). As such, I have personal knowledge of the facts and

matters hereinafter deposed to, except where stated to be sworn based upon information

and belief, and where so stated, I verily believe the same to be true.

2. HBMFI was established to receive, manage and distribute monies (the "Net Funds")

donated through an online fundraising campaign on the GoFundMe website in response

to a vehicular accident involving the Humboldt Broncos Junior Hockey team bus (the

"Bus") in the Province of Saskatchewan on April 6, 2018 (the "Accident"), and all

activities ancillary thereto.

3. Pursuant to paragraphs 11 through 15 of the Order (the "Initial Order") of the

Honourable Mr. Justice N.G. Gabrielson of the Court of Queen's Bench for

Saskatchewan (the "Court") dated August 15, 2018, an Advisory Committee (the

"Advisory Committee") was appointed to inquire into and to prepare a report to the

board of directors of HBMFI (the "Advisory Committee Report") containing the

recommendations of the Advisory Committee regarding the allocation of the Net Funds in

a fair, equitable and transparent manner which is consistent with the Object of the Trust

(as defined in the Initial Order).

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4. On November 13, 2018, the Advisory Committee delivered the Advisory Committee

Report to the board of directors of HBMFI. A copy of the Advisory Committee Report will

be filed in Court.

5. In the Advisory Committee Report, the Advisory Committee made the following

recommendations (the "Advisory Committee Recommendations") to the board of

directors of HBMFI:

(a) That in addition to the initial payment of $50,000 previously made to each of the

families of the sixteen persons who died in the Accident, that the Net Funds be

allocated so as to pay the additional sum of $475,000 to each such family, for a

total payment to such families of $525,000 as set forth in Schedule "1" to the

Advisory Committee Report;

(b) That in addition to the initial payment of $50,000 previously made to each of the

thirteen surviving claimants injured in the Accident, that the Net Funds be

allocated so as to pay the additional sum of $425,000 to each such claimant, for

a total payment to such claimants of $475,000 as set forth in Schedule "2" to the

Advisory Committee Report; and

(c) That any of the Net Funds remaining in trust subsequent to the above-noted

payments be distributed to the thirteen surviving claimants in equal shares, share

and share alike.

6. As at November 21, 2018, the total aggregate amount of funds on deposit to the credit of

HBMFI at the investment management firm of RBC Dominion Securities Inc. ("RBCDS")

was approximately $13,284,235.31, calculated as follows:

Cumulative deposits to RBCDS on behalf of HBMFI: $14,641,989.18

(Less interim distribution of $1,450,000.00 comprising29 payments of $50,000.00): $(1,450,000.00)

$13,191,989.18

Plus: Interest earned to November 1, 2018: $78,122.13

Plus: Estimated interest earned from November 1 toNovember 21, 2018: $14,124.00

TOTAL NET FUNDS: $13,284,235.31

7. In addition to the amounts held to the credit of HBMFI at RBCDS,

additional sum of $47,927.86 to the credit of HBMFI held in trust for

firm of MLT Aikins LLP.

there remains an

HBMFI at the law

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8. On the afternoon of Wednesday, November 14, 2018, there was delivered by facsimile

transmission to the office of MLT Aikins LLP, counsel to HBMFI, a letter dated November

13, 2018 addressed to MLT Aikins LLP from Stacy L. Maurier (Ms. Maurier) of Estate

Connection Law Office of St. Albert, Alberta (the "November 13 Maurier Letter").

Attached to the November 13 Maurier Letter was a 29-page document (the "November

13 Maurier Letter Attachment") comprising:

(a) an alphabetical list of the names of the 29 persons on the Bus at the time of the

Accident;

(b) six pages entitled "Humboldt GoFundMe Court Application" containing a four-

paragraph statement concluding with "... it is our wish that the GoFundMe (now

the Humboldt Broncos Memorial Fund Inc.) funds be distributed evenly amongst

the 29 families that were on the Bus" and bearing various signatures; and

(c) twenty-three untitled pages containing no statement or content and bearing

various signatures.

9. The November 13 Maurier Letter stated:

(a) that Ms. Maurier's client had recently been in contact with all 29 families that

were affected by the Accident; and

(b) that Ms. Maurier's client "has been able to obtain all their signatures consenting

to this distribution and is in the process of having all the witnesses to those

signatures complete and Affidavit of Execution".

10. The board of directors of HBMFI has noted from its review of the November 13 Maurier

Letter Attachment:

(a) that two of the signatures on the November 13 Maurier Letter attachment were

not witnessed;

(b) that three of the witnesses to the signatures on the November 13 Maurier Letter

Attachment have not printed their names on the document and have signed with

an illegible signature, such that their identities are unknown;

(c) that one of the signatures on the November 13 Maurier Letter Attachment

purports to have been applied to that document by a family member whose

mental competence has been put in issue by other family members at the time of

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the interviews of families conducted pursuant to the Initial Order by the

Information Resource Persons, which person is the subject of a Power of

Attorney in favour of another family member;

(d) that two surviving spouses of deceased persons on the Bus at the time of the

accident have not signed the November 13 Maurier Letter Attachment; and

(e) that one of the parents of a deceased person on the Bus at the time of the

Accident has not signed the November 13 Maurier Letter Attachment.

The board of directors of HBMFI has determined from its review of the Advisory

Committee Report:

(a) that three of the 24 families interviewed by the Advisory Committee claimed to

speak for all 29 of the families of persons on the Bus at the time of the Accident

(paragraph 35 of the Advisory Committee Report);

(b) that those three families asserted to the Advisory Committee that all of the other

claimants and their families were unanimous in their support of an equal

distribution to all 29 families (paragraph 35 of the Advisory Committee Report);

(c) that many of the families felt pressured to conform to the view that an equal

distribution to all 29 families was appropriate (paragraph 36 of the Advisory

Committee Report);

(d) that not all of the families of passengers who died in the Accident support an

equal distribution (paragraph 37 of the Advisory Committee Report); and

(e) that some of the families interviewed by the Advisory Committee made it clear

that they had overtly supported an equal distribution in order to maintain harmony

within the group of all 29 families (paragraph 37 of the Advisory Committee

Report).

12. By reason of the facts and matters described above, the board of directors of HBMFI

determined that it would be appropriate to instruct counsel to HBMFI to write to Ms.

Maurier:

(a) to request that Ms. Maurier authorize HBMFI to include a copy of the November

13 Maurier Letter and the November 13 Maruier Letter Attachment with the

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materials to be filed by HBMFI on the public Court file in support of the

application for a final order allocating the Net Funds;

(b) to request that Ms. Maurier provide HBMFI with copies of the Affidavits of

Execution pertaining to the signatures appearing on the November 13 Maurier

Letter Attachment (the "Affidavits of Execution"); and

(c) to indicate that, given the time-sensitive nature of the application scheduled for

hearing by the Court on November 28, 2018, HBMFI required that it be provided

with the Affidavits of Execution by close of business on Monday, November 19,

2018 (in order to be in a position to consider the Affidavits of Execution in regard

to the hearing of the application scheduled for November 28, 2018).

13. By letter dated November 16, 2018 addressed to Ms. Maurier (the "November 16 MLT

Aikins Letter"), MLT Aikins LLP (counsel to HBMFI) communicated to Ms. Maurier the

request and information described above in the immediately preceding paragraph.

Attached and marked as Exhibit "A" to this Affidavit is a true copy of the November 16

MLT Aikins Letter.

14. Despite follow up e-mail correspondence sent by MLT Aikins LLP to Ms. Maurier

following up on the November 16 MLT Aikins Letter on Saturday, November 17 and

Tuesday, November 20, 2018, MLT Aikins LLP has not received any Affidavits of

Execution directly from Ms. Maurier. Further, MLT Aikins LLP has not received

authorization from Ms. Maurier to include the November 13 Maurier Letter or the

November 13 Maurier Letter Attachment with the materials to be filed by HBMFI on the

public court file in support of the application for a final order allocating the Net Funds.

15. Since the delivery of the November 16 MLT Aikins Letter, MLT Aikins LLP has received

five Affidavits of Execution regarding the November 13 Maurier Letter Attachment

comprising:

(a) an Affidavit of Execution which was delivered to MLT Aikins LLP on the afternoon

of Monday, November 19, 2018;

(b) an Affidavit of Execution which was delivered to MLT Aikins LLP on the evening

of Monday, November 19, 2018;

(c) an Affidavit of Execution which was delivered to MLT Aikins LLP on the morning

of Tuesday, November 20, 2018;

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(d) an Affidavit of Execution sworn by the witness to the signatures of two persons,

which was delivered to MLT Aikins LLP on the morning of Wednesday,

November 21, 2018; and

(e) an Affidavit of Execution sworn by the witness to the signatures of two persons,

which was delivered to MLT Aikins LLP on the afternoon of Wednesday,

November 21, 2018.

16. The board of directors of HBMFI has determined that it is appropriate to instruct counsel

to HBMFI to apply to the Court on behalf of HBMFI (at the hearing of the final order

application) for an Order approving, and authorizing HBMFI to implement, the Advisory

Committee Recommendations, for the following reasons:

(a) The Advisory Committee met with 24 of the 29 families affected by the Accident

(in person or by telephone) and conducted structured, focused and meaningful

interviews which allowed the Advisory Committee to obtain detailed input from

the families as to their views on how the Net Funds should be allocated;

(b) The circumstances surrounding the preparation of the November 13 Maurier

Letter Attachment and the signatures appearing on that document (as more

particularly described above) raise a number of unanswered questions regarding

the document (as more particularly described above in paragraphs 10 and 11

hereof);

(c) A request by HBMFI that it be provided with the Affidavits of Execution in order to

assist in answering questions regarding the November 13 Maurier Letter

Attachment has only yielded five Affidavits of Execution;

(d) The Advisory Committee Report was thorough, complete, well-reasoned and

prepared with the benefit of direct input from the families affected by the

Accident; and

(e) The Advisory Committee Recommendations are supported by a cogent analysis

of the issues and a careful review of all relevant information.

17. The board of directors of HBMFI convened three separate meetings to consider the

Advisory Committee Recommendations on Thursday, November 15, 2018; Monday,

November 19, 2018 and Wednesday, November 21, 2018. The reason for these multiple

meetings was to allow the proponents of the November 13 Maurier Letter Attachment

additional time within which to provide to HBMFI Affidavits of Execution which would

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verify or substantiate the accuracy of that document and the authenticity of the signatures

on that document (which they ultimately were unable to fully provide).

18. At its meeting on November 21, 2018, the board of directors of HBMFI unanimously

resolved to instruct counsel to HBMFI to apply to the Court of Queen's Bench for

Saskatchewan for an Order approving and authorizing HBMFI to implement the Advisory

Committee Recommendations. Attached and marked as Exhibit "B" to this Affidavit is a

true copy of the resolution described in this paragraph.

19. I make this affidavit in support of an application by HBMFI for an Order approving, and

authorizing HBMFI to implement, the Advisory Committee Recommendations in the

manner more particular described in the draft Order filed in support of this Application.

SWORN BEFORE ME at the City of Saskatoon, )in the Province of Saskatchewan, this 22nd day )of Noyimber, 2018. )

, -.......,

)))COMMISSIONER FOR OATHS for

Saskatchewan.fvly-GolDrniSR inn Fxpilezi,

DARRIN DUELL

CONTACT INFORMATION AND ADDRESS FOR SERVICE:Name of firm: MLT Aikins LLPLawyer in charge of file: Jeffrey M. Lee, Q.C. and Paul OlfertAddress of firm: 1500, 410 22nci Street E, Saskatoon SK S7K 5T6Telephone number: 306.975.7100Email address: jmlee@mItaikins.com / polfert@mItaikins.comFile No: 68034.1

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MLTAIININSWESTERN CANADA'S LAW FIRM

November 16, 2018

Via E-Mail: info@estateconnection.comVia Fax: (780) 930-1506

Estate Connection Law Office101, 200 CarnegieSt. Albert, AB T8N 5A7

Attention: Ms. Stacy L. Maurier

Dear Ms. Maurier:

MLT Aikins LLP1500 - 410 22nd Street East

Saskatoon, Saskatchewan S7K 5T6T: (306) 975-7100F: (306) 975-7145

Jeffrey M. Lee, Q.C.Direct Line: (306) 975-7136E-mail: jmlee@mltaikins.com

Carmen R BalzerLegal Assistant

E-mail: cbalztr@mItaikins corn

THIS IS EXHIBIT " " referred to

the Affidavit of PP .\

S RN before me at this day of tick?' , 20 14Z

A 6011/11‘ON gi FOR OATHS forSaskatchewan

0- eing a Solicitor

Re: Humboldt Broncos Memorial Fund Inc. ("HBMFI")

Thank you for your letter of November 13, 2018 and attached document (copy enclosed).

We have provided your letter and the attached document accompanying same to the members ofthe board of directors of HBMFI.

Can you please provide us with authorization to include your letter and the attached document inmaterials to be placed on the public court file by HBMFI?

The third paragraph of your letter indicates that your client is in the process of having all thewitnesses to the signatures on the attached document complete an Affidavit of Execution.

Can you please arrange to provide us with these Affidavits of Execution as soon as possible?

This matter is highly time sensitive, as the hearing before the Court is scheduled to take place onWednesday, November 28, 2018.

In order to be in a position to consider the Affidavits of Execution, the board of directors ofHBMFI will require that they be provided with the Affidavits of Execution (in care of this office)by close of business on Monday, November 19, 2018. Please feel free to scan, e-mail or fax themto us.

MLT AIKINS LLP I FALTAIKINS.COM

17649733 v2

MLTAIKINSWESTERN CANADA'S LAW FIRM

We look forward to hearing from you as soon as possible.

Yours truly,

MLT AIKINS IbLP

JML:crb

cc: Humboldt Broncos Memorial Fund Inc.

cc: MLT Aikins LLPAttn: Paul Olfert

-2-

17649733v2

MLT AIKINS LLP I MLTAIKINS COM

WHEREAS:

THIS IS EXHIBIT " liS " referred linthe Affidavit of -1V4Nrirtvk NA,' t SWORN before me at this day ay of 20 1.

----,r C-------

A COMMISSIONER FOR OATHS forSaskatchewan

0 eing a Solicitor

A. The Corporation was established to receive, manage, and distribute monies (the "NetFunds") donated through an online fundraising campaign on the GoFundMe website inresponse to a vehicular accident involving the Humboldt Broncos junior hockey team bus(the "Bus") in the Province of Saskatchewan on April 6, 2018 (the "Accident"), and allactivities ancillary thereto.

B. Pursuant to paragraphs 11 through 15 of the Order (the "Initial Order") of theHonourable Mr. Justice N.G. Gabrielson of the Court of Queen's Bench ForSaskatchewan (the "Court") dated August 15, 2018, an "Advisory Committee" wasappointed to inquire into and to prepare a report to the board of directors of theCorporation (the "Advisory Committee Report") containing the recommendations ofthe Advisory Committee regarding the allocation of the Net Funds in a fair, equitable andtransparent manner which is consistent with the Object of the Trust (as defined in theInitial Order).

C. On November 13, 2018, the Advisory Committee delivered the Advisory CommitteeReport to the board of directors of the Corporation.

D. In the Advisory Committee Report, the Advisory Committee made the followingrecommendations (the "Advisory Committee Recommendations") to the board ofdirectors of the Corporation:

i. that in addition to the initial payment of $50,000 made to each of the families ofthe 16 persons who died in the Accident, that the Net Funds be allocated so as topay the sum of $475,000 to each such family, for a total payment of $525,000, asset forth in Schedule 1 to the Advisory Committee Report;

ii. that in addition to the initial payment of $50,000 made to each of the 13 survivingclaimants, that the Net Funds be allocated so as to pay the sum of $425,000 toeach such claimant, for a total payment of $475,000, as set forth in Schedule 2 tothe Advisory Committee Report; and

iii. that any of the Net Funds remaining in trust subsequent to the above-notedpayments be distributed to the 13 surviving claimants in equal shares, share andshare alike.

E. A hearing of the application by the Corporation for a Final Order of the Court authorizingand directing the distribution of the Net Funds (the "Final Order Application") has beenscheduled by the Court to take place before the Honourable Mr. Justice N.G. Gabrielsonat the Court House in Saskatoon at 10:00 am on Wednesday, November 28, 2018.

F. On the afternoon of Wednesday, November 14, 2018, there was delivered by facsimiletransmission to the office of MLT Aikins LLP, counsel to the Corporation, a letter datedNovember 13, 2018 addressed to MLT Aikins LLP from Stacy L. Maurier ("Ms.

Maurier") of Estate Connection Law Office of St. Albert, Alberta (the "November 13Maurier Letter").

G. Attached to the November 13 Maurier Letter was a 29-page document (the "November13 Maurier Letter Attachment") comprising:

i. an alphabetical list of names of the families of the 29 persons on the bus at thetime of the Accident;

ii. six pages entitled "Humboldt Go Fund Me Court Application" containing a four-paragraph statement concluding with "....it is our wish that the Go Fund Me(Now the Humboldt Broncos Memorial Fund Inc.) funds be distributed evenlyamongst the 29 families that were on the bus" and bearing various signatures; and

iii. twenty-three untitled pages containing no statement or content and bearingvarious signatures.

H. The November 13 Maurier Letter stated:

i. that Ms. Maurier's client had recently been in contact with all 29 families thatwere affected by the Humboldt accident; and

ii. that Ms. Maurier's client "has been able to obtain all their signatures consenting tothis distribution and is in the process of having all the witnesses to thosesignatures complete an affidavit of execution".

I. The board of directors of the Corporation have noted from their review of the November13 Maurier Letter Attachment:

i. that two of the signatures on the November 13 Maurier Letter Attachment werenot witnessed;

ii. that three of the witnesses to the signatures on the November 13 Maurier LetterAttachment have not printed their names on the document and have signed withan illegible signature, such that their identities are unknown;

iii. that one of the signatures on the November 13 Maurier Letter Attachmentpurports to have been applied to that document by a family member whose mentalcompetence has been put in issue by other family members at the time of theinterviews of families conducted pursuant to the Initial Order by the InformationResource Persons, which person is the subject of a Power of Attorney in favour ofanother family member;

iv. that two surviving spouses of deceased persons on the Bus at the time of theAccident have not signed the November 13 Maurier Letter Attachment; and

v. that one of the parents of a deceased person on the Bus at the time of the Accidenthas not signed the November 13 Maurier Letter Attachment.

J. The board of directors of the Corporation has determined from its review of the AdvisoryCommittee Report:

i. that three of the twenty-four families interviewed by the Advisory Committeeclaimed to speak for all twenty-nine of the families of persons on the Bus at thetime of the Accident (paragraph 35 of the Advisory Committee Report);

ii. that those three families asserted to the Advisory Committee that all of the otherclaimants and their families were unanimous in their support of an equaldistribution to all twenty-nine families (paragraph 35 of the Advisory CommitteeReport);

iii. that many of the families felt pressure to conform to the view that an equaldistribution to all twenty-nine families was appropriate (paragraph 36 of theAdvisory Committee Report);

iv. that not all of the families of passengers who died in the Accident support anequal distribution (paragraph 37 of the Advisory Committee Report); and

v. that some of the families interviewed by the Advisory Committee made it clearthat they had overtly supported an equal distribution in order to maintain harmonywithin the group of all twenty-nine families (paragraph 37 of the AdvisoryCommittee Report).

K. By reason of the facts and matters described above, the board of directors of theCorporation determined that it would be appropriate to instruct counsel to theCorporation to write to Ms. Maurier:

i. to request that Ms. Maurier authorize HBMFI to include a copy of the November13 Maurier Letter and the November 13 Maurier Letter Attachment withinmaterials to be filed by HBMFI on the public court file in support of the FinalOrder Application;

ii. to request that Ms. Maurier provide HBMFI with copies of the Affidavits ofExecution pertaining to the signatures appearing on the November 13 MaurierLetter Attachment (the "Affidavits of Execution"); and

iii. to indicate that, given the time-sensitive nature of the Final Order Applictionscheduled for hearing by the Court on November 28, 2018, HBMFI required thatit be provided with the Affidavits of Execution by close of business on Monday,November 19, 2018 (in order to be in a position to consider the Affidavits ofExecution in regard to the hearing of the Final Order Application).

L. By letter dated November 16, 2018 addressed to Ms. Maurier (the "November 16 MLTAikins Letter"), MLT Aikins LLP (counsel to the Corporation) communicated to Ms.Maurier the requests and information described above in Recital paragraph K hereof.Attached and marked as Schedule "A" to this Resolution is a true copy of the November16 MLT Aikins Letter.

M. Despite follow-up e-mail correspondence sent by MLT Aikins LLP to Ms. Maurierfollowing up on the November 16 MLT Aikins Letter on Saturday, November 17 andTuesday, November 20, 2018, MLT Aikins LLP has not received any Affidavits ofExecution from Ms. Maurier.

N. Since the delivery of the November 16 MLT Aikins Letter, MLT Aikins LLP hasreceived three Affidavits of Execution, comprising:

i. an Affidavit of Execution sworn by the witness to the signature of KarenDoerksen which was delivered to MLT Aikins LLP by e-mail from KarenDoerksen on the afternoon of Monday, November 19, 2018;

ii. an Affidavit of Execution sworn by the witness to the signature of Raelene Heroldwhich was delivered by e-mail from Kevin Mellor, counsel to the Herold family,on the evening of Monday, November 19, 2018; and

iii. an Affidavit of Execution sworn by the witness to the signature of Russell Heroldwhich was delivered by fax from Kevin Mellor, counsel to the Herold family, onthe morning of Tuesday, November 20, 2018.

0. The board of directors of the Corporation has determined that it is appropriate to instructcounsel to HBMFI to apply to the Court on behalf of HBMFI (at the hearing of the FinalOrder Application) for an Order approving, and authorizing HBMFI to implement, theAdvisory Committee Recommendations, insofar as:

i. the Advisory Committee met with 24 of the 29 families affected by the Accident(in person or by telephone) and conducted structured, focused and meaningful

interviews which allowed the Advisory Committee to obtain detailed input fromthe families as to their views on how the Net Funds should be allocated;

ii. the circumstances surrounding the preparation of the November 13 Maurier LetterAttachment and the signatures appearing on that document (as more particularlydescribed in recital paragraph I hereof) raise a number of unanswered questionsregarding the document;

iii. a request by HBMFI that it be provided with the Affidavits of Execution in orderto assist in answering questions regarding the November 13 Maurier LetterAttachment has not been answered;

iv. the Advisory Committee Report was thorough, complete, well-reasoned andprepared with the benefit of direct input from the families affected by theAccident; and

v. the Advisory Committee Recommendations are supported by a cogent analysis ofthe issues and a careful review of all relevant information.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The Corporation is of the view that it is appropriate to instruct counsel to HBMFI toapply to the Court on behalf of HBMFI (at the hearing of the Final Order Application) foran Order approving, and authorizing HBMFI to implement, the Advisory CommitteeRecommendations. In doing so, after obtaining the consent of the Advisory Committee todo so, counsel to HBMFI shall include the Advisory Committee Report among thematerials which it files on the public Court File, serves on the parties on the Service Listand posts to the Case Website in support of such court application.

2. Any officer or Director of the Corporation is hereby authorized, in the name and onbehalf of the Corporation, to do all such further acts as any such officer or Director mayconsider to be necessary or desirable in order to give effect to the above resolutions.

3. These resolutions may be signed in as many counterparts as may be necessary, and maybe signed by facsimile or other means of electronic communication producing a printedcopy, each of which so signed shall be deemed to be an original and, notwithstanding thedate of execution, shall be deemed to bear the date and time first written above.