Strongly suggest writing and mailing a letter to Newbould.
Telephone calls (especially leaving a voice message) and e-mails typically are not taken anywhere near as seriously as a hard copy letter sent through the mail. An e-mail letter already drafted is simple enough to print out and sign and send. A short letter stating the problem and requesting/questioning their ideas/thoughts to resolve the issue typically receives prompt attention and opens up an avenue for communication. For those who are attorneys (not so sure US attorneys are recognized in Canada, regardless...), it is easy enough to disclaim outright that your contact is only as a shareholder, and not as an attorney or anything else.
Keep in mind that Newbould's previous shareholder sympathy likely had nothing to do with his personal opinion, rather more about how things are handled from history and his CCAA experience. Newbould took away the AGM, and more recently signed off on giving Tenor 70% of the ICSID award. Says a lot. But, it does not hurt to try.
Suggest to write Newbould and cc: the rest below.
Suggest to not e-mail the cc:, even though e-mail addresses are provided below for some of the parties. Use those e-mail addresses to ask future questions, and keep the letter separate. A hard copy written response, not e-mail, is what is being looked for.
From numerous holders, one letter from each shareholder (cc:'ed to others) might very well change things. Again, does not hurt to try.
Here are the addresses:
Honourable Mr. Justice Newbould
Ontario Superior Court of Justice
330 University Ave,
Toronto, ON M5G 1T3, Canada
Judge Peter J Walsh
United States Bankruptcy Court
6th Floor, Courtroom #2
824 North Market Street
Wilmington, DE 19801
Juan Antonio Reyes
c/o THORNTON, GROUT, FINNIGAN
Barristers and Solicitors
Canadian Pacific Tower
100 Wellington Street West, Suite 3200
P.O. Box 329, TO Centre
Toronto, ON M5K 1K7
jporter@tgf.ca
Crystallex International Corporation
c/o DAVIES WARD PHILLIPS & VINEBERG LLP
155 Wellington Street West
Toronto ON M5V 3J7
jswartz@dwpv.com
nmacparland@dwpv.com
CSA SECRETARIAT
Tour de la Bourse
800, Square Victoria
Suite 2510
Montreal, QC H4Z 1J2
csa-acvm-secretariat@acvm-csa.ca
Securities and Exchange Commission
New York Regional Office
Andrew Calamari, Regional Director
Brookfield Place
200 Vesey Street, Suite 400
New York, NY 10281-1022
newyork@sec.gov
