February 13, 2013 VIA EMAIL Catherine Lunn/Peter C.

McVey Department of Justice (NS) 4th Floor, 5151 Terminal Road Halifax, NS B3J 2L6 lunncj@gov.ns.ca mcveypc@gov.ns.ca Dear Counsel: Re: Pelley & Smith v. Nova Scotia Home for Colored Children - Hfx. No. 343536 Further to our telephone conference on January 24, 2013, and my correspondence of January 25, 2013, I confirm we have scheduled the cross-examination of Deanna Smith for Monday, February 18, the cross-examination of Harriet Johnson for Tuesday, February 19, and the cross -xamination of June Elwin for Wednesday, February 20, 2013. These examinations will take place at our office and will begin at 9:30 a.m. each day. I have scheduled a court reporter to attend for each cross-examination. In order to promote openness, I advise that the Nova Scotia Home for Colored Children through its solicitors, Ward Branch and John Kulik, Q.C., and the residents including those covered by the class action and the individuals who have filed claims through Wagners have engaged in settlement discussions. Major terms have been concluded. The complete agreement will likely be concluded next week. As a result, I am informed by John Kulik, Q.C., that he will not be examining the Representative Plaintiffs next week but will maintain a watching brief. If an agreement is concluded, there will be no need for Veronica Marsman to testify. We would then proceed with Ms. MacDonald on February 26, 2013. I will advise once the final terms of our agreement have been concluded. I expect to have this done by next week prior to the examination of Ms. MacDonald. This will serve to truncate the cross-examination of her. I trust the above to be satisfactory. Yours truly, John Kulik, Q.C. Mclnnes Cooper 1300 - 1969 Upper Water Street Halifax, NS B3J 2V1 john.kulik@mcinnescooper.com

RAYMOND F. WAGNER, Q.C. RFW/rc

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