The Stel Salaried Pensioners Organization wishes to thank The Hamilton Spectator for permission to post the following article by Reporter Naomi Powell published in the January 12, 2006 edition

 

Stelco shareholders drop bid to cross-examine ex-director

By Naomi Powell
The Hamilton Spectator
(Jan 12, 2006)

Stelco's shareholders have backed out of an attempt to cross-examine a controversial former director.

The move comes only days before shareholders will battle Stelco in an attempt to rescue their investments in the company.

"We decided it wasn't necessary to deal with that contentious issue," Peter Jervis, a lawyer for the shareholders. "We have enough issues to deal with."

The shareholders will appear in court on Jan. 17 in hopes of dissuading Justice James Farley from approving Stelco's plan to emerge from nearly two years of bankruptcy protection. As part of their case, they had hoped to question former Stelco director Michael Woollcombe, who resigned from Stelco's board along with fellow director Roland Keiper in August.

Keiper and Woollcombe, who were appointed to the board last year at the behest of shareholders, resigned citing disagreements with the company over financial forecasts.

Although Stelco's board was cleared of any wrongdoing after an investigation by Coulter Osborne, the province's integrity commissioner and a former associate chief justice of Ontario, specific details on why Keiper and Woollcombe left the board were sealed by the court.

The shareholders abandoned their motion to cross-examine Woollcombe because the company's current plan is based on a revised set of financial projections, not the ones he disputed, Jervis said yesterday.

"There wasn't much point in cross-examining Mr. Woollcombe about older forecasts," he said. "It wouldn't be relevant."

The shareholders group, which includes Toronto investment firm Pollitt & Co. and AGF Management Ltd, claim the company is lowballing its financial forecasts in an attempt to justify wiping out all existing shares. Stelco's restructuring plan, approved in December, calls for the company to issue new shares, a majority of which will be awarded to financial backers Tricap Management Ltd. and hedge funds Sunrise Partnership and Appaloosa Management.

Jervis' clients will still argue on Jan. 17 that Stelco's forecasts are based on overly pessimistic forecasts for steel pricing in 2006. The group commissioned business valuators Navigant Consulting to provide a separate forecast report using estimates from Metal Bulletin Research that puts the 2006 price of hot-rolled steel at $525 per tonne. Stelco's August forecast was $458 per tonne.

npowell@thespec.com

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