15570 – 2017

28/04/2017

0A0

(CIVIL) INTERNATIONAL EXHORT

INTERPOSED BY : …

UNDER THE NAME :LOPEHANDIA CORTES JORGE RODRIGO

CON COMPAÑÍA NEVADA SPA Y OTRO

SUBJECT :PREJUDICE, INDEMNIFICATION OF

EXHORTING COURT :5º CIVIL COURT OF SANTIAGO

EXHORTED COURT :COMPETENT JUDICIAL AUTHORITY IN

VANCOUVER

ORIGIN COUNTRY/DESTINATION :CANADA

JUDGE ROLL :29407-2016

COURT ROLL : …

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Procedure:ordinary procedure for large amounts

Subject: compensation of damage

Complainant: Jorge Rodrigo Lopehandía Cortés.

ID: 6.671.126-9

Sponsor Attorney: Juan Guillermo Torres Fuentealba

ID: 16.124.425-2

Legal Attorney: Juan Guillermo Torres Fuentealba

Defendant: Minera Nevada SpA.

ID: 85.306.000-3

Representatives: Sergio Francisco Fuentes Sepúlveda; René Muga Escobar; Marcelo Alberto Hernández Pérez and Claudio Andrés RaffoBaraborda.

ID: not known

Primarily: Demand of indemnification of damagesdue toextra-contractual responsibility. Firstpetition: Officio and international exhort. Second petition: legal capacity. Third petition: to have it present.

S.J.L. EN LO CIVIL

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Juan Guillermo TorresFuentealba, Chilean, single, lawyer, ID number 16.124.425-2. Working in my quality as sponsor

attorney and judicial representative of Mr. Jorge Rodrigo

Lopehandía Cortés, Chilean, married, industrial mining, ID

number 6.671.126-9, both domiciled for these effects on

street Compañía de Jesus Number 1390, Office 1509, Santiago,

Metropolitan Region, to SS. I Respectfully say:

By the present act, I come to bring demand of compensation of

damage against Minera Nevada SPA., inherent to its line of

busyness, unique tributary roll N°85.306.000-3, duly

represented by Sergio Francisco Fuentes Sepúlveda; René Muga

Escobar; Marcelo Alberto Hernández Pérez and Claudio Andrés

RaffoBaraborda, I do not know profession or job of neither of

them. All domiciled for these effects in Ricardo Lyon Avenue

N° 222, 8th floor, Providencia, Metropolitan region. And

against the BRITISH COLUMBIA SECURITIES COMMISION,inherent to

its line of busyness, duly represented by Romolo Di Fonzo and

Roy Leon. I do not know profession or jobs of neither of

them. All domiciled in 701 West Georgia Street, P.O Box

10142, Pacific Centre, Vancouver, British Columbia V7Y 1L2,

Canada. It Avails itself of processing and ultimately condemn

to pay my represented person as a result of damage

compensation the amount of $3.000.000.000 (three thousand

million pesos) plus readjustments, current interest payments

and exemplary trialcosts.

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I base the present lawsuit on the facts and legal foundations that I expose below.

I.- FACTS.

1.- list of mining belongings that supposedly belong to the

Minera Nevada Sociedad by share, thoughout the parent company

Barrick Gold Corporation, and it does, with the authorization

of the respondent B.C Securities Commission:

ONE.-Tesoro Uno 1 al 30, rol nacional 03304-0532-5.

TWO.- Tesoro Dos 1 al 12, rol nacional 03304-0533-3.

THREE.- Tesoro Tres 1 al 30, rol nacional 03304-0534-1.

FOUR.- Tesoro Cuatro 1 al 30, rol nacional 03304-0535-K.

FIVE.- Tesoro Cinco 1 al 25, rol nacional 03304-0536-8.

SIX.- Tesoro Seis 1 al 20, rol nacional 03304-0537-6.

SEVEN.- Tesoro Siete 1 al 25, rol nacional 03304-0538-4.

EIGHT.- Tesoro Ocho 1 al 12, rol nacional 03304-0539-2.

NINE.- Tesoro Nueve 1 al 12, rol nacional 03304-0540-6.

TEN.- Tesoro Diez 1 al 20, rol nacional 03304-0541-4.

ELEVEN.-Tesoro Once 1 al 20, rol nacional 03304-0542-2.

TWELVE.-Tesoro Doce 1 al 5, rol nacional 03304-0543-0.

2.-legal analysis and study of titles of the mining belonging

named “Tesoro uno 1 al 30 a Tesoro doce 1 al 5”.

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On the 3rd of July 2001, at 6:55 in the evening, the

judicial reciverMr. Manual Herrera Varas, in his address A

street. Prat number 949 from Vallenar, proceeds to personally

inform to Mr. Julio Silva Quiroga,public notary and trade

conservative and interim mine the exhort N°44 and COMPLIANCE

OF PAGE. 74 BACK PAGE. Act followed, he proceeded to register

the legal injunction of prohibition to execute any acts or

contracts that includes the “Tesoro 1 al 30 a Tesoro doce 1

al 5” property of Mr. HéctorMardoqueoUnda Llanos.

Sub-registrations:

A.- it is stated outside the mining inscriptions “Tesoro

uno 1 al 30 a Tesoro doce 1 al 5”. On the first page, a sub-

registration along the following lines: I certify: by

resolution on June 5th 2001, dictated in cause rollnumber C-

1912-2001, under the name “Villar-compañía”, for the 14th

civil court of Santiago, notified by exhort in the cause roll

number v44, of the first civil court of Vallenar, on June 29th

of the current year. It was decreed to register the

precautionary prejudicialmeasure regarding the mining

belongings registered to the center. A photocopy of the

receptor’s requirement was added at the end of the property

register file of 2001 under the number 95. Vallenar July 12th,

2001.

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3.- theproperty titles of the mining activity concessions in

the name of CompañíaMinera Nevada SpA. Previously called

CompañíaMinera Nevada Limitada, with regard to the mining

belongings named “Tesoro uno 1 al 30 a Tesoro Doce 1 al 5”:

they do not exist .

In the audience carried out on May 24th, 2012. In the

filesroll number C-719-2011, under the name “Lopehandía

Cortés con Minera Nevada SociedadporAcciones”, of exhibition

of documents of the mining titles “Tesoro uno 1 al 30 a

Tesoro Doce 1 al 5” in the name of that mining company, were not exhibited.

A. Constitutive sentences of the mining concessions already

mentioned, claiming, the CompañíaMinera Nevada Sociedad

about actions that: did not exit.B. Current Abstract of title emitted by the mining

conservative of Vallenar, about the titles indicated

before since: they did not exist.C. Mandate contract undersigned by CompañíaMinera Nevada

Limitada or CompañíaMinera Nevada SociedadporAcciones

with Mr. HéctorUnda Llanos, this last one, the only

tittle holder of the mining belongings named “Tesoro uno

1 al 30 a Tesoro Doce 1 al 5”, since: it did not exist.

4.-“False and dishonest press release of Mountain-west Resources Inc. concerning the Pascua Property”.

Mountain-West Resources Inc. (“MWR”). A company based on

Vancouver which compromises in the Canadian local stock

exchange, has recently published a series of false and

dishonest press releases where falsely establishes that the

Pascua Lama Property inChile is not a Barrick Gold

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Corporation (NYSE: ABX) (TSX: ABX) (“Barrick” or “La

Compañía”) property but it is a Jorge Lopehandía’s property.

And MWV has gained an option to buy the 50% of the Pascua

property to Mr. Lopehandía, and Barrick has been involved in

“fraudulent market activities” in his public announcement in

relation to his interests in the Pascua property.

These declarations are demonstrably false and deceitful and

damage the integrity of the capital markets. These

declarations seem to have been done to improve unduly the

interests of MWR's business; "to "inflate" in undue form the

prices of market of MWR's action; to defame Barrick's titles

that has on Pascua; and to slander Barrick. These

declarations are particularly impertinent, provided that

Barrick informed to MWR in March, 2011 that these were false.

Neither Jorge Lopehandía nor MWR have property right

registered regarding the concessions "Amarillas 1-3000 " or "

Tesoro Uno 1-30” hasta “Tesoro Doce 1-5". In addition, these

concessions are not necessary to exploit the Pascua-Lama

project.

Barrick has interposed a formal complaint in relation to

these topics, in the Securities Commissions of Ontario and as

in those of British Columbia. Barrick has also contacted the

financial authorities of Toronto for these matters.

It is necessary to emphasize that Mr. Lopehandía - who

seems to be the source of "information" that forms the base

of MWR's false and deceitful declarations-, has a historic

length of interposing false accusations against Barrick in

relation to his property in Pascua. In 2002, Barrick made a

lawsuit for defamation against Mr. Lopehandía in the Superior

Court of Justice of Ontario. Mr. Lopehandía did not make any

action in his defense and in the year 2003 Barrick gained to

begiven damages against Mr. Lopehandía. In June, 2004,, The

Court of Appeals of Ontario issued a sentence against

Lopehandía, granting to Barrick increased direct damages, 7

punitive damages and a legal permanent order that prohibits

Mr. Lopehandía to disseminate, to publish on the Internet or

to publish more defamatory declarations about Barrick or his

executives, the directors or employees. "

In that way, from the reading room of the press release

before transcribed, it is clear that the defendants attribute

to the Mountain-West Resources Inc. ("MWR") company, the

diffusion of some other press releases, qualified by those as

false and deceitful, in which it is questioned the right of

property that, supposedly, attends Barrick Gold Corporation,

on the project named Pascua-Lama Chile, which would

correspond, according to the same announcement, in 50 %, to

my represented; likewise,it is statedthat it is allocatedto

the Barrick Gold Corporation companythe accomplishment of

fraudulent market activities, affirmations all that,

according to which, they would have to improve unduly the

interests of the company "MWR" as purpose, And, as the

defendants lewdly support, they find Mr. Jorge Lopehandía

Cortés as source of information, to whom it is also

attributed, a long curriculum in the interposition of false

accusations against Barrick, reason whyhe had been an object

of sanctions of diverse nature by the justice of the city of

Ontario, weighing on him, regarding the previously mentioned,

the legal permanent prohibition of spreading, publishing on

Internet or of publishing more slanderous declarations in

relation toBarrick, his executives, the directors or

employees.-

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In consequence, it is imputed to my represented the

authorship of the diffusion, communication and/or

distribution of false and deceitful affirmations against the

conglomerate Barrick, besides the execution of illicit acts

for those thathad been judicially sanctioned abroad,

affirmations that, are contained in the already mentioned

press release, hurt, injure and seriously damage his

reputation, credit and interests, and, accordingly, are

constituted in insulting, considering the condition, dignity

and circumstances of my represented.

To this respect, it becomes necessary to take into

consideration that the defendants, undoubtedly with the

intention of not demonstrating the commission of a crime

through the press release that originates the present action,

they try to formulate theirharmful accusations inallegedor

potential terms, fitting them in terms such as " the

declarations seem to be done" or "Mr. Lopehandía seems to be the source of information ", nevertheless and now, emphasize

the circumstance that my represented " has a long curriculum

of interposing false accusations against Barrick ", the

existence of a pronounced judgment by a foreign court against

him, product of such false accusations, and the prohibition

that would weigh on his person, in the sense of not making or

publishing any more slanderous declarations in relation to of

the mentioned company, which clearly they summon up

theiraffirmations contained in the press release in comment,

of an element of certainty of such an entity that cannot but

to provoke in the reader or receiver of the same one, a total

and absolute safety thatthe declarations done in opposition

to the Barrick company by the company MWR, have undoubtedly

emanated from my represented. - The previously, nevertheless,

leaves in evidence that the insulting publication that

concerns us, spread by the defendants, throughout a massive

mean of communication, was duly and meticulously planned,

premeditated and studied by them, and it is directed in a

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direct way to provoke damage in the image, honor, reputation,

credit and interests of Mr. Jorge Lopehandía Cortés, taking

into consideration that this one presents as line of

business, precisely, the development of the mining industry,

the same Barrick Gold Corporation’s line of business and his

subsidiaries and representatives in our country, Chile

Barrick Limitada and/or Minera Nevada SpA., Mining Company

San Jose Inc., and the IMV Inc Company.-

Now , to this respect, S.S. will wonder in what way such

commercial interests, which assist at the parties in the

specific area already mentioned,might collide to such a point

of provoking the deployment of an action destined to cause a

serious damage, national and internationally, of the honor,

reputation or credit of one of the involved ones, in this

case, of my represented, and the response is not given but

for the existence between the parties of a long dispute about

the property of certain and determined mining belongings or

rights of exploitation of certain and determined mining

deposits,that precisely involvesthe project called Pascua

Lama Chile, located in the commune of Alto del Carmen,

Province ofHuasco, Atacama Region, matter of the dishonorable

publication that concerns us.

In fact, nowadays, the Barrick Gold Corporationcompany,

whether for itself or by its subsidiaries and/or

representatives in Chile, holds, in relation to the Project

entitled Pascua Lama, already mentioned, the property of the

mining belongings called " Amarillas 1 al 3000 " and, in

consequence, real and personal rights upon the same ones,

which only allow him to exploit substances of salts and

nitrates, that is to say, only mineral non-metallic

substances, but they neither allow him nor authorize the

exploitation of metallic mineral substances - The previous,

as stated in the respective certificates of current domain,

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issued by the Conservative of Trade and Mines of the city of

Vallenar.

On the other hand, and concerning the same mining project

already stated, the property of the mining belongings called

" Tesorosuno 1 al 30 aTesoro Doce 1 al 5 ", belong to

Mr.HéctorUndaLlanos. All in the same way appropriately

inscribed, addressed to his holder before the Conservative of

Trade and Mines of the city of Vallenarand, therefore, they

neither belong nor have ever belonged to the Barrick Gold

Corporationcompany, and nor to his subsidiaries and / or

companies in Chile, either-

In his own account, my represented is owner of the mining

manifestations called " Amarillo Norte y Amarillo Azúl ",

whose measures are located inside the surface that contains

the mining project called Pascua Chile, mining property that

is duly inscribed to his name, in the Register of Discoveries

of the Conservative of Mines of the city of Vallenar, of the

year 2011.-

Now, the parts have faced off ina series of litigations

regarding the mining properties described before, which are

in current processing before the respective courts, in such a

way that my represented, Jorge Lopehandía Cortés, only

generally and as an example, has deduced demand, precisely

against the Mining Company Nevada S.A., Minera Nevada

Limitada or Minera Nevada SpA., subsidiaries of the Canadian

company Barrick Gold Corporation, requesting to declare the

extinctive prescription of the actions of nullity tha were

attending this one in his quality of owner of the mining

belongings called " Amarillas 1 al 3000 ", which superpose

the mining belongings allocated as“Tesoro Uno 1 al 30 a

Tesoro Doce 1 al 5”, litigation that is conducted before the

Second Court of Letters of the cityof Vallenar, under the

Roll N º C-719-2011, Entitling " Lopehandía Cortés with Minera Nevada SpA. ". The previous, nonetheless that my

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represented is not entitled of the mining belongings named

"Tesoro", but he does turn out to be an interested part,

attended his quality of minerand that holds mining property

in the zone and, I concerning these, in those files, it is

stated that the Barrick Gold Corporation company is not

holder of any of the mining belongings called“Tesoro Uno 1 al

30 a Tesoro Doce 1 al 5”; in consequence, due the mentioned

litigation, the Barrick Gold Corporation company is subjected

to the eventual resolution of his right and to the

cancellation of the existing inscriptions under its name, in

relation to the mining belongings " Amarillo 1 al 3000 "

Further Still, as regards the mining belongings named

"Tesoros", already cited, it is required the preliminary

cautionary measure of prohibition of celebrating acts and

contracts, decreed by 14 º Civil Court of Santiago, in the

files Roll N º C-1912-2001, litigation in which my

represented is a complainant part, as assignee of litigious

rights.-

Finally, my represented has celebrated contract of mining

purchase option, with regards to the 50 % of the mining

properties from which he is title holder,called “Amarillo

Norte y Amarillo Sur”, located in fact in the zone of the

mining project " Pascua Lama ", purchase option adjudicated,

by the grant of the mentioned contract, in favor of the

mining company Mountain West Resorces Inc.-,

currentlyMounstaistar Gold Inc.-

The Previously exposed, in general, clearly describes the

existing conflict of interests between the defendants of

trials, in representation of the enterprises and/or companies

already enunciated, and my represented, relative all to

properties or mining concessions and to the rights that upon

these, it is intended by the parties, circumstances that,

undoubtedly, have motivated the insulting publication that

originates the exercise of the present action, which has

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spread under the form of a press release and through a

massive way of communication, such as the free and public

access web

sit

ewww.barricksudamerica.com/noticias/detalle_comunicados.php?id=651&info:,that it is clearly stated as property of the conglomerate Barrick. It must be said that, the defendants

have used a social mean of communication, which is understood

as " suitable to transmit, to disclose, to spread or to

propagate, in a stable and periodic form, texts sounds or

images destined to the public, with any of the support or

instrument used " with the only aim of droppinginsulting

affirmations and imputations against my represented, in

defense of a particular exclusive interest and clearly

identified with the industrial and/or commercial line of

business developed by the same diffuser, with the only and

direct purpose of injuring the honor, reputation, credit and

interests of my represented, and, consequently,discredit and

underrate the image and position not only where he performs,

this is the small and medium mining industry, and infront of

to his coworkers in the area of the above mentioned activity,

but also according to his quality of litigant and interested

part in the several judgments that face to the parties at the

moment. - to this respect and definitively, Mr. Jorge

Lopehandía Cortéshas been fitted by the defendants,

throughoutthe electronic publication in comment, under the

form of an international delinquent, dedicated to the

constant and permanent defamation, by diverse means, of the

Barrick Gold Corporation company, which has been, for this

reason, an object of sanction by the foreign justice. And, in

spite of weighing on him the prohibition of persisting in the

above mentioned actions, he has infringed, by means of a

third party, like the company MWR, and in order to influence

unduly in favor of the interests of the last ones on the

international market.-

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To this respect, the social, commercial and industrial

area are precisely the areas related to the mining activity

in which my represented develops, the context in which they

must be analyzed and appreciate the insulting imputations

that concern us, for the effects of qualifying them lawfully

as such, since they are precisely such aspects and not

others, whichdetermine, in the concrete case, the condition,

dignity and circumstances of the affected, having to preside

for such effects of the common and ordinary sense of the

words used by the defendants, since, in that way, it

undermines the illicit character of the same ones.-

In such a manner, in the area or context in which the

electronic publication which originates this legal action, it

is evident in effect that it produces harmful effect to the

honor of my represented. In effect, the press release in

comment, in its insulting essence, attributes to my

represented the character of assiduous defamer of the image

of a conglomerate of the mining industry line, as it is

Barrick Gold Corporation, whose importance, influence and

economic power in the area in which it develops its

activities turns out to be indisputable and it is of public

knowledge, so that,that it is warned as the largest producer

of gold worldwide, announcement that has been spread by the

defendants throughout a way of social communication,

curiously of property of the same company Barrick,which has

free access to the public in general, such as in the national

as well as in the international area, but fundamentally is

destined to the diffusion and promotion of news and latest

innovations in the mining industry area and, therefore, it is

visited, consulted and attended in a special way, by a

multiplicity of natural and juridical people, public and

private, related to the mining activity, whether for

exploitation concerning, investment, provision of services,

purchase and sale of supplies, etcetera. In a such way that

to this area which the press release has been direct and

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fraudulently directed regarding the defendants, with the

clear intention of harming, of damaging and discrediting the

personal and commercial image that Mr. Jorge Lopehandía

Cortésholds in that social and industrial circle, affecting,

subsequently, his credit and contractual capacity, and his

bond of confidence. All essential aspects in the area

indicated. - Definitively, the personal and commercial image

of my represented has been damagedand despised, by a planned

action directed and arranged by the defendants, from his

offices located in this city, Ricardo Lyon Avenue N ° 222,

8th floor, Providencia, provoking with it the absolute

decline of the personal and commercial position of the

affected in front of his pairs, the loss of his condition of

reliable subject for the effects of hiring personnel in the

area where he works, as well as the loss of his condition of

credit subject or financing for the development of his

activities, without considering, in addition, the possibility

of seeing diminished the favorable condition that up to the

moment he held, as litigator, in the many processes that face

him at the moment to the Barrick company, not even the

disadvantagesthat to a familiar level has carried on him the

exposed situation, which, unquestionably, has provoked in my

represented a condition of affliction and distress, since it

is not known and it is publically questioned the rights that

regarding the mining propertiesalready mentioned concern him,

alluding to supposed false information, unionizing directly

Mr.Lopehandía Cortés as the source of the same ones.-

Further still, to shed more light, the illicit action of

the defendants, has left literally pendingfrom a thread the

effective concretion of the contract of purchase option that

unites my represented with the Canadian company Mountain West

Resources Inc., currentlyMountainstar Gold Inc, which has

previously referred, company that has clearly demonstrated to

my represented his intention of evaluating the celebration of

the contract of definitive purchase, precisely as a result of

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the insulting publication that concerns us, which , by the

way, involves in the same way to the above-mentioned company,

everything that, even if it is warned as an eventual

patrimonial adverse effect for my legally represented, it is

a precedent that must be considered for the effects of the

present civil lawsuit, to which it must be added that the

credibility of my represented, in the same way, has already

been an object of questioning in the most important stock

markets worldwide, in which, obviously, there are

instruments, actions and movable values compromised which are

related to the mining activity.-

5.-The demanded company, Minera Nevada Sociedad for

Accioneshas compromised the mining titles named "TESORO" in

the Stock markets of the World, in spite of that the above

mentioned titles do not belong to them and they are subject

to a precautionary measure of prohibition of celebrating acts

and contracts, duly existingto the date. Those transactions

have been validated through means of press releases, properly

published in www.sedar.com.And the same ones have validated

the defendant, B.C. Securities Commission, fraudulently.

Since they have knowledge of each and every one of the vices

mentioned above, duly documentsand in spite of that, they

have allowed the company to spread that mistaken information

to his shareholders and to the world market. Being my

representedassociated with MSX, Mountainstar Gold Inc.And to

be found litigating for more than 15 years to the date, those

announcements carried out in Chile or Canada have caused huge

patrimonial and extra-patrimonial damages, since had it not

mediated the fraudulent or at least guilty act ofMinera

Nevada SpA, it would not have generated a detriment in the

heritage of my client. Had not mediated the acting of B.C.

Securities Commission, it would not have closed to the MSX

company, associated of Jorge Lopehandía, which generated a

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relation of causality, which has caused large detriments, by

this date.

6.-A patrimonial damage was caused in the wealth of my represented, since, due to the act of the defendants, he was

not able to perceive the amount of $1.400.000.000.-(One

Thousand four hundred million pesos) on account of the

agreement signed with MSX, in relation to the damage caused

with the publication in Barrick Gold Corporation’s web site,

and because of the way of acting of the Commission of

Insurances of Vancouver, and $1.600.000.000.-(One Thousand

six hundred million Pesos) for concept of moral damage, for

the condition of affliction, pain, unease that the defendant

generated and that carried to the loss of his prestige as

investorin the fields of mining and natural resources.

II.-Right.

1.-Any voluntary act realized with or without the intention of producing juridical effects originates for his author the

consequent responsibility, so that given the other

suppositions for his generation-, the consequences of such

actsmay become a legal charge to his author, whether because

of the reparationof the damage that suchact could have

produced due to the non-fulfillment of the contracted

obligations (contractual obligation), whether for the

execution of the act itself (extra-contractual

responsibility), oreven for the omission of an obligation or

for the exercise of a right in the formation of the assent

that gives origin to a damage (pre-

contractualcivilresponsibility).

2.-The article 1437 of the Civil Code establishes that the obligations can also come from an illicit act, which can meet

the characteristics of a crime or quasi-crime. The obligation

would consist of the indemnification of the caused damage.

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The article 2314 of the same civil normative indicates: "he

or she who has committed a crime or quasi-crime that has

causeddamage to another party is obliged to pay the

indemnification, without prejudice of penalty that the laws

impose on them for the crime or quasi-crime ".

3.-By crime it is understood that, according to the

stipulated by the article 2284 of the BelloCode, the unlawful

illicit actcommitted with the intention of causing damage,

with deceit and it will be considered a quasi-crime, the

illicit unlawful act,committed without the intention of

damaging.

4.-The article 2329 stipulates that as a general rule any damage that could be imputed to malice or negligence of

another person, must be repaired by the same.

5.-The copulative requirements of the extra-contractual civil responsibility are:

a.-The Damage;

b.-An attributable damage, for guilt or crime;

c.-The relation of the cause between the unlawful act, the guilt and the damage; and

d.-Capacity to delinquency.

The damage is any harm that an individual experiences in

his person, goods, the loss of a benefit of material or moral

nature, of patrimonial or extra-patrimonialnature.

The property damage consists of an injury of patrimonial

character. The victim suffers harm or a decrease in his

patrimony. The moral damage consists of the pain, the 18

affliction, the sorrow that causes to the victim the illicit

act.

The relation of causality between the existence of the

damage and the deceit or guilt, must be direct, therefore,

responsibility will exist, had it not mediated the culpable

or fraudulent act, it would not have caused a damage in the

individual.

Each and every of the requirements of the extra-

contractual civil responsibility are fulfilled. Being the

demanding parties the ones in charge of a solidary way of the

payment of the same, as agreed upon the article 2317 of the

Civil Code.

Therefore,

In merit of the afore mentioned, of the agreed upon the

articles 254 and following of the Code of Civil Procedure;

1437, 2284, 2314 and 2317 all of the Civil Code and any other

juridical procedure that your honor considers pertinent to

apply

To your honor I request:to accept as interposed demand of indemnification of damages against MINERA NEVADA SPA,a corporation involved in activities that its name indicates,

uniquetributary Roll/ID N ° 85.306.000-3, duly represented by

Mr. Sergio Francisco Fuentes Sepúlveda; Mr. René Muga

Escobar; Mr. Marcelo Alberto Hernández Perez and Mr. Claudio

Andrés RaffoBaraborda, I do not know profession or occupation

of them, all domiciled for these effects in Avenue Ricardo

Lyon N ° 222, 8th floor commune of Providencia, Metropolitan

Region and against BRITISH COLUMBIA SECURITIES COMMISSION,Legal person, inherent to their line of busyness, duly represented by Mr. Romolo Di Fonzo and Mr. Roy Leon, I

19

do not know profession or occupation of them, all duly

domiciled in 701 West Georgia Street, P.O. Stall 10142,

Pacific Centre, Vancouver, British Columbia V7Y 1L2, Canada,

it avails processing and definitely it avails to condemn the

demanded ones to pay to my represented for concept of

indemnification of damages the amount of $3.000.000.000.-

(Three billion pesos), more readjustments, current interests

and with exemplary condemnation on costs of trial.

First petition:I request form your honor. to officiate to the Most excellent Supreme Court to the effects of commanding the

exhort and to practice the formalities before the Competent

tribunal of the City of Vancouver, British Columbia, Canada,

the diligence of personal notification of the demand to

BRITISH COLUMBIA SECURITIES COMMISSION, legal person in the

field of business that its name indicates, duly represented

by Mr. Romolo Di Fonzo and Mr. Roy Leon, I do not know

profession or occupation of them, all duly domiciled in 701

West Georgia Street, P.O. Stall 10142, Pacific Centre,

Vancouver, British Columbia V7Y 1L2, Canada.it is proceeded

to be reviewedby the judicial prosecutor of the Most

excellent Supreme Court and with his report, takes place to

the required, sending the precedents to the Ministry of

Foreign Affairs., in order that the above mentioned organism

by means of our diplomatic or consular representations

accredited abroad, send them to the respectivejudicial

authority, through the legal valid conduct or in the duly

agreedform in the trades or international conventions.

The exhort must allow the exhorted tribunal to follow up

ordering notification to the individualized demanded parties,

having to issue by order, an authorized copy of the entire

court proceedings file.

I exhort will be able to be proceeded in Vancouver, Canada by

the signed one or by the attorney Alan G S Hultman, both

20

domiciled for these effects in 1400-1125 Howe Street, B.C.,

Canada, V6S 2K8.

Second petition:I request from your honor. To be kind to

acknowledge authorized copy of the judicial mandate,

entailing in the public deed dated on June 18th, 2012, granted

by the Public Notary of Copiapó Mr. Armando Campos Ortega,

file N °1076-2012, in which compromises my quality as sponsor

Attorney and judicial mandate of Mr. Jorge Rodrigo Lopehandía

Cortés.

Third petition:I request from your honor. to take into account that I appear trial files as sponsor attorney and

judicial representative of Mr. Jorge Rodrigo Lopehandía

Cortés, domiciled in Compañía de Jesús Street N° 1390, office

N° 1509, commune of Santiago, Metropolitan Region.

21

PAGE:22.-

NAMING : (193) admonition Article 2 law 18.120

COURT : 5thCivil Court of Santiago

ROLL NUMBER : C-«rob>-2016

UNDER THE NAME:

Santiago, November thirtiethof two thousand and sixteen.

“To provide, previously constitute the judicial mandate and / or

accredit the attorney's quality, and in his case, accompany yourself

with the documents offered in the demand, in writing and with copy of

each one of them, withinthe eighth working day of notified this

resolution, under provision of having it for not presented for all

the legal effects ".

22

In Santiago, November thirtiethof two thousand and sixteen,

it was notified through the daily statement journal for its

previous resolution.

23

REPERTORYNº 1076 /2012 vor.-

&&&

JUDICIAL MANDATE·

&&&

JORGE RODRIGOLOPEHANDIACORTES

A

.JUANGUILLERMO TORRES FUENTEALBA

&&&

____________________________________________________________

____________

In Copiapó, Republic of Chile on June eighteenth of two

thousand twelve, before me, ARMANDO MARIO CAMPOS ORTEGA, Lawyer with service on O'Higgins street number six hundred

seventy six, Public Notary and SubstituteMines Conservative

of the Holder Mr.HernánCañas Valdés, According to Resolution number zero four hundred sixteen hyphen two thousand twelve, extended by the Most illustrious Court of Appeals of

Copiapó, with date June fourteenth of two thousand twelve

and Record of Oath number fifty six hyphen two thousand

24

twelve of the Second Civil Court of Copiapó, with date June fifteenth of two thousand twelve, and taken under the number fifty nine with date June eighteenth of two thousand twelve, appears: Mr.JORGE RODRIGO LOPEHANDÍA CORTÉS, Chilean,

married, industry miner, ID number six million six hundred

seventy one thousand, one hundred twenty six hyphen nine,

domiciled for these effects on Parinacotastreet number,

henceforth named "theappearer", legal age, who accredited

his identity with the written down ID and it exposes

that:FIRST

25

,

There awards judicial simple mandate to MrJUAN GUILLERMO TORRES FUENTEALBA, Chilean, single, attorney, ID number sixteen million one hundred and twenty four thousand, four

hundred twenty five hyphen two, domiciled for these effects

onSan Martin street number two hundred thirty seven, office

number eleven thousand and two, Santiago, Metropolitan

Region, in order that, in his behalf and representation,

acts in any judgment, management or judicial action, of any

kind, in that the client has current interest or has it in

the future, or that the agent initiates, whether as a

plaintiff, prosecutor, claimant, petitioner, or as third

party in another form; as a defendant, accused, framed,

processed or in another form; with the special limitation

of not being able to be located in any judicial management,

for his mandating, without previous personal notification

of the appearance. The representative will be able to

nominate sponsors Attorneys and legal attorneys with the

entire faculty that through this instrument is awarded,

being able to delegate this power and resume it all the

times consider suitable. SECOND: The judicial

representative will not have any of the special faculties

of the second subsection of the seventh article of the Code

of Civil Procedure, so that, for each of such actions, the

client will have to appear, personally. - In proof,

previous reading and signing. - It is given copy. -

Annotated upon the repertory

26

under the number one thousand seventy six / two thousand

and twelve.-

I testify.-

JORGE RODRIGOLOPEHANDIACORTES

IDNº 6.671.126-9

27

28

ROLL:C-29.407-2016.

COPYBOOK:main

UNDER THE NAME: "LOPEHANDÍA CORTÉS,JORGE RODRIGOcon MINERA NEVADA SPA. Y B.C SECURITIESCOMMISSION".

S.J.L.INTHE CIVIL (5°)

JUAN GUILERMO TORRES FUENTEALBA, attorney, for the plaintiff of Mr. Jorge Rodrigo Lopehandía Cortés, in the files on

indemnification of prejudices, under the name “LOPEHANDIA CORTES, JORGE RODRIGO con MINERA NEVADA SPA., y B.C COMMISION”, Roll C – 29.047-2016, to SS I RESPECTFULLY SAY:

For the present act, I come in accompanying the document

offered in the second petition of the libel of demand, this

is, authorized copy of the judicial mandate, consisting on

the public writing of date June 18th, 2012, granted by the

Public Notary of Copiapó Mr. Armando Campos Ortega, repertory

N º 1076-2012, in which features my roll as sponsor attorney

and judicial representative of Mr. Jorge

RodrigoLopehandiaCortés.

29

THEREFORE,

TOSSI ASK:To have it for accompanied in citation

NAMING : 1. (101) Postponethe beginning of the processing

COURT : 5thJuzgado Civil de Santiago

ROLL NUMBER : C-29407-2016

UNDER THE NAME: LOPEHANDIA / COMPAÑÍA MINERA NEVADA SPA

Santiago, on December sixteenth of two thousand sixteen.

Gvv

Previous to provide, accredit the lawyer’s quality for

the exercise of the profession before Mr. Secretary of the

Tribunal.

In Santiago, on December, sixteen of two thousand sixteen, it was modified throughthe daily statement journal, the previous resolution.

30

ROLL:C-29.407-2016.

COPYBOOK:MAIN.

UNDER THE NAME : "LOPEHANDÍACORTÉS,JORGERODRIGOconMINERA

NEVADASpA.YB.C.SECURITIESCOMMISSION".

GIVEN PROGRESSIVE COURSE TO THE FILES

S.J.L.intheCivilofSantiago(5°)

JUAN GUILLE.RMO TORRES FUENTEALBA, attorney, for the plaintiff, of the files on indemnification of prejudices, under the name " LOPEHANDÍA CORTÉS, JORGE RODRIGO with MINERA NEVADA SpA. and B.. C. SECURITIES COMMISSION ", Roll C-29.407-2016, to SS.I respectfully say:

31

For the present act and aware that this part accredited the

attorney's quality, I come in requesting to give progressive course

to the files, having interposed a civil lawsuit.

THEREFORE,

To SS. I ASK: To accede to therequested.

.

32

page:29 - Twentynine.-

NAMING : 1. (101) Pospone the beginning of the processing

COURT : 5THJuzgado Civil de Santiago

ROLL NUMBER : C-29407-2016

UNDER THE NAME: LOPEHANDIA / COMPAÑÍA MINERA NEVADA SPA

Santiago, On January, twenty fifth of two thousand seventeen

Nng

for fulfilled the requested.

Providing to pages 28: to what it will be solved.

Being the document that he accompanies in the second

petition, a colored photocopy, previous to provide,

accompany legal status that accomplishes with the arranged

in the article 421 of the Court Statute Code. Likewise, it

clarifies the requested in the first petition of his demand.

In Santiago, on January, twenty fifth of two thousand seventeen it was notified through the daily statement journal, the previous resolution.

33

REPERTORYNº 1076 /2012 vor.-

&&&

JUDICIAL MANDATE

&&&,,

JORGE RODRIGO LOPEBANDIA CORTES

A

JUAN GUILLERMO TORRES FUENTEALBA

&&&

_________________________________________________________________

In Copiapó, Republic of Chile on June eighteenth of two

thousand twelve, before me, ARMANDO MARIO CAMPO ORTEGAAttorney with profession on - O'Higgins street number

34

six hundred seventy six Public Notary and Substitute

Conservative of Mines of the Holder Mr. HernánCañas Valdés,

According to Resolution number zero four hundred and sixteen hyphen two thousand twelve, extended by the Most illustrious Court of Appeal of Copiapó,With date June fourteenth of two

thousand twelve and protocol of Oath number fifty six hyphen two thousand twelve of the Second Civil Court with date June fifteenth of two thousand twelve, and probated under the

number fifty nine with date June eighteenth of two thousand twelve, appears: Mr. JORGE RODRIGO LOPEHANDÍA CORTÉS, Chilean, married, industrial mining, ID number six million

six hundred and seventy one thousand, one hundred twenty six

hyphen nine, domiciled for these effects on Parinacotastreet

number, named " the appearing ", legal age, who accredited

his identity with the written ID and exposes that:

35

FIRST: it bestows simple judicial mandate to Mr. Juan

GUILLERMO TORRES FUENTEALBA, Chilean, single, attorney, ID number sixteen million one hundred twenty four thousand,

four hundred and twenty five hyphen two, domiciled for

these effects on San Martin street number two hundred thirty

seven, office number eleven thousand and two, commune of

Santiago, Metropolitan Region in order that, in his name and

representation, it acts in any trial, management or judicial

action, of any kind, in which the client has current

interest or has it in the future, or that the representative

initiates, as a plaintiff, complainant, petitioner, or as

third party or in another way, such as a defendant, accused

or in another form; with the special limitation of not being

able to be located in judicial any management, for his

representative, without previous personal notification of

the appearing. The representative will be able to nominate

sponsors and proxies Attorneys with all the powers that, for

this instrument, she is awarded, being able to delegate this

power and summarize it all the times considered

suitable.SECOND: the representative will not have any of the special powers of the second clause of the seventh article

of the Code of Civil Procedure, so that, for each of such

actions, the representative will have to appear, personally.

- In supporting document, previous reading sign. –it gives

copy. - Annotated to the repertoire

36

37

underthe number one thousand seventy six / two thousand

twelve. –

I TESTIFY

JORGERODRIGOLOPEHANDIA CORTES

IDNº 6.671.126-9

38

39

ROLL : C-29.407-2016.

COPYBOOK:MAIN.

UNDER THE NAME:: "LOPEHANDÍACORTÉS,JORGERODRIGOconMINERA

NEVADASpA.YB.C.SECURITIESCOMMISSION".

PROCEEDED AS ORDERED

S.J.L.intheCivilof Santiago(5°)

JUAN GUILLERMO TORRES FUENTEALBA, attorney, for the plaintiff, of the files on indemnification of prejudices, under the name " LOPEHANDÍA CORTÉS, JORGE RODRIGO con MINERA NEVADA SpA. and B. C. SECURITIES COMMISSION ", Roll C-29. 407-2016, to SS.I respectfully say:

40

For the present act, I come to accomplish what is ordered by. SS.

by means of resolution dictated with date January 25th, 2017,

notified through the Daily Statement journalwith the same date, in

the following sense:

1.- I Come in accompany, without citation, authorized copy of the

public writing of date June 18th, 2012 granted by Mr. Armando

Campos Ortega, Substitute of the Holder Mr. HernánCañas Valdés,

repertory N º 1076-2012, issued with date January 25th, 2017; and

2.-I come to clarify the first petition of the libel of

demand to the effect that what is needed is that it is

served to exhort to the competent court of the City of

Vancouver, British Columbia, Canadain agreement to the

conventions or international existing trades between Chile

and Canada. The exhort will have to contain authorized copy

of everything worked in files and there will have to be

granted to the exhorted court any faculty to proceed to the

personal notification of the demand to the demanded entity

41

B.C SECURITlES COMMISSION, legal person inherent to its line

of busyness, duly represented by Mr. Romolo Di Fonzo and Mr.

Roy Leon, I do not know profession or occupation of them, all

duly domiciled on 701 West Georgia Street, P.O. box 10.142,

Pacific Centre, Vancouver, British Columbia V7Y 1L2, Canada.

As soon as it is exhorted by this court, it is requested to

send the exhort and be reviewed by the District attorney of

the Most excellent Supreme Court, then, to send the

precedents to the Ministry of Foreign Affairs.

The exhort will be proceeded in Vancouver by the signed one

and the attorney Alan G S Hultman, both domiciled for these

effects on 1400-1125 Howe Street, B.C., Canada, V6S 2KB.

THEREFORE,

TO SS. I ASK: To have fulfilled what is ordered and then, it avails to have interposed demand and it avails to order the

exhort.

42

43

page31-thirtyone-

44

NAMING : 1. (1) it gives course to the demand

COURT : 5THJuzgado Civil de Santiago

ROLL NUMBER : C-29407-2016

UNDER THE NAME: LOPEHANDIA / COMPAÑÍA MINERA NEVADA SPA

Santiago, On January, thirty first of two thousand seventeen

Pns

To pages 32: for accomplished the ordered and for rectified

in the indicated terms. Providing to pages 1: To the main

focus, have interposed demand in ordinary procedure for large

amounts, transfer, to the first petition: As it is asked, be

exhorted for the requested aims. the second petition:for

accompanied with citation. To the third petition: have into

account.

Roll N · 29-407-2016>.

45

In Santiago, on January thirty first of two thousand seventeen, it was notified through the Daly Statement journal, the previous resolution.

46

Request of International Judicial Civil Assistance (International Exhort)

1.Required State :Canada

2.Identificationissuing authority

Court

Santiago

Address

City

Zip Code andRegion

Institucional e-mail

:Chile

:FifthCivil Court of

_Huérfanos1409second

floor

:Santiago

:8320000Región

Metropolitana

Name of

theresponsible o

official :MariaCristina

RamosJaraPosition :Substitute

SecretaryTelephone :56-226746244

Fax

47

3 . Information of the procedure in which it is asked for the assistance

Subject:

Roll

Complainant

Defendant(1)

Defendant(2)

:Indemnification of prejudices

:29407-2016

:Lopehandía Cortés Jorge Rodrigo

:NevadaSpA Company

:British Columbia Securities commission

48

Pleaded attorney :Juan Guillermo Torres Fuentealba

domiciled on Compañía de Jesus Street Nº1390. Office

1509.Commune of Santiago.

4 diligence(s) requested (s).: Notification of the demand as in right corresponds to BRlTlSH COLUMBIA SECURITIES COMMlSSION.

Legally represented by Mr. Romolo Di Fonzo and Mr. Roy León, all domiciled on 701 West Georgia Street, P.O. Box 10142, Pacific Centre, Vancouver, British Columbia V7Y 1 L2, Canada.

5.In case of requesting evidential diligence add. NO

6.In case of requesting usageofvideoconferencead d :NO

7 In case of Notification or citation to audience:

8 Urgency I deadline and his ju s tifi c a tion (mention only if pertinent) ):

8 1 I n dicate ifaudience exists: N O

49

82UrgencyIDeadlineand his justificationGrant it to the

exhorted court the faculties to decree the necessary legal

actions to carry out the commission, to receive new domiciles or

names of legal representatives of the demanded, to receive

documents to notify and delegations of power as well as any

another juridical procedure act necessary for the fulfillment of

the diligence.

It becomes present that the term to answer the demand, in conformity with the article 259 of the Code of Civil Procedure, is 18 working days, plus the increase of the table of emplacement that corresponds in case of Canada to 20 working days, with a total of 38 working days from his legal notification. In the event that the demanded part does not appear in judgment answering the demand, he will have as evacuated the above mentioned juridical procedure act, in his rebelliousness.

9.-It informs that he has to his disposition, the free ombudsman in the place of the judgment: Corporation of Judicial Assistance of Santiago, Domicile on Agustinas street 1419

Santiago. Telephone number 229371000/229371001. Schedule of

Attention from Monday to Thursday from 09 00 to 13 00 and from

15:30 to 17.00 hours.

50

10.-List of attacheddocuments.

• Authorized copy of the demand

• Authorized copy of the provided with regards to the

demand of files ROLL: 29407-2016

• Authorized copies of Documents accompanied in the demand.

11.-Place and date of issuing. Chile, Santiago on April 21st, 2017

12.-Signature and seal or stamp of the exhorted Court

51

Alejandra Fabioa Pino Montero

DeputyJugde

María Cristina Ramos Jara

SubstituteSecretary

52

FIFTH CIVIL COURT

OF SANTIAGO

OFFICE Nº______/

April 21st, 2017

In the files Roll Nº29407-2016. Under the name " Lopehandia

Cortes Jorge Rodrigo con Company Nevada SpA y otro " ordinary

procedure, subject Indemnification of prejudices, it has

arranged to inform to Usia. The most excellent, in order to send

the present international exhort, it avails to give course, to personally notify the demand and his provided to British

Columbia Securities Commission., domiciled on 701 West Georgia

Street, P.O. Box 10142, Pacific Centre, Vancouver, British

Columbia V7Y 1L2, Canada.

It becomes present that the exhorted court has been authorized

to decree all the necessary formalities for fulfill the order,

being able to receive new domiciles or names of legal

representatives of the needed one, to receive documents to

notify and delegations of power.

It becomes present that the additional days of deadline

according to the table of emplacement are 30 days, therefore,

the deadline of total emplacement is 38 days.

God guards SS.

Excelentísima.

53

Alejandra Fabiola Pino Montero

Juez Suplente-

María Cristina Ramos Jara

SubstituteSecretary

AlSeñor Presidente

TheMostexcellentSupremeCourt

S a n t i a g o

54

Santiago, on May second of two thousand seventeen

View of the judicialprosecutorof the internationalfiles exhort.

Nº 15570-2017 (pmb.)

Hugo Dolmestch Urra

President

Supreme Court

In Santiago, on May second of two thousand seventeen, I notified

through theDaily Statementjournal the previous resolution

.

55

Likewise I personally notified the above mentioned resolution to

the judicial prosecutor of the Supreme Court, who did not sign.

56

IT INFORMS

Nº0176

Exp.15570-2017

Exhort

Mostexcellent.Court:

It has been reviewed to this Judicial prosecutor's office

of international exhort drawer by Mrs. Alejandra FabiolaPino

Montero, Substitute Judge of the Fifth Civil Court of Santiago,

directed to the Judicial competent authority of Canada, in the cause Roll N º 29407-2016 under the name "LOPEHANDÍA CORTES JORGE RODRIGO con COMPAÑIA NEVADA SpA y otro ", on indemnification of prejudices.

The Court admonishing requests personally notified the

demand to BRITISH COLUMBIA SECURITIES COMMISSION legally represented by Mr. ROMOLO DI FONZO and Mr. ROY LEÓN, as demanded, all domiciled on 701 West Georgia Street, P.O. box 10142, Pacific Centre, Vancouver, British Columbia V7Y 1 L2, Canada..

57

To the effect, it is attached authorized copy of the

demand and his provided; of the resolution that orders

this diligence; of other resolutions and other documents

58

It indicates that the deadlineto answer the demand is 18

working days plus the increase of the table of emplacement that

which is 20 more working days with a total of 38 working

daysfrom his notification.

It is necessary to indicate that the processing of the

present suppliant letter is abided to the ordered in the

article 76 of the Code of Civil Procedure and articles 391 and

392 of the Code of private International Law for not existing

between Chile and Canada a trade about processing of judicial

exhorts and to be these procedure of general application for

the Government

In consideration of the expressed, and the subject of

which this judicial prosecutor treats. It is of opinion that

our most honorable, if he estimates, gives course to this

exhort sending the precedents to the State Department for his

shipment to Canada

Santiago, onMay 9th,2017

59

JORGEEDUARDOS.ÁEZMARTIN

Judicial prosecutor(S)of theSupreme Court

60

mcf

Santiago, on May tenth of two thousand seventeen

To the foil Nº 35.495-17: For evacuated the report of the

Judicial Prosecutor

Gives account in the First Room.

N° 15570-2017 (pmb.)

61

Hugo Dolmestch Urra

President

SupremeCourt

In Santiago, on May tenth of two thousand seventeen, I

notifiedthrough theDaily State journal the previous resolution,

Likewise I personally notified the above mentioned resolution

to the Judicial Prosecutor of the Supreme Court, who did not

sign.

62

Santiago, on May fifteenth of two thousand seventeen.

Seen:

Attended the informed by the judicial (s) prosecutor

and the arranged in the article 76 of the Code of Civil

Procedure, it avails to give course to the present

exhort and send these precedents to the Ministry of

Foreign Affairs for his shipment to Canada

Register and be informed,

N° 15.570-17

63

64

Declared by the First Room of the Supreme Court

integrated by the MinistersRaúl Patricio Valdés A.,

Guillermo Enrique Silva G. Rosa Maria Maggi D., Juan

Eduardo Fuentes B. and Integral Attorney Jose Rafael

Gomez B. Santiago, on May fifteenth of two thousand

seventeen

In Santiago, on May fifteenth of two thousand seventeen,

I notified in Secretariat through the Daily State journal

the previous resolution, likewise personally to the

judicial prosecutor of the Supreme Court, who did not

sign

65

Office Nº 31950-2017 / lmo.

Ref: SENDS EXHORT

Santiago, May 18th 2017.

In fulfillment of the arranged by this supreme

court, I send to V.S international exhort roll Nº 15570-2017under the name LOPEHANDIA CORTÉS JORGE RODRIGO, CON COMPAÑÍA NEVADA SPA Y OTRO, regarding indemnification of prejudices for its sending to the competent authorities in

Canada.

66

A brown envelope is attached

Present its complements to US.

ALEJANDRO ARRIAZA MACHADO

Pro-secretary (l) Supreme Court

TO THE UNDERSECRETARY

MINSTRY OF FOREIGN AFFAIRS

TEATINOS Nº 180

SANTIAGO

67