The TD Waterhouse UK notice in and of itself does not supersede the Canadian Business Corporations Act. However, it seems rather obvious they must be acting on what they consider good and sufficient information.
Intogold earlier referred to a notice being mailed by Kinross on Sep 30/08, the day following expiry of the latest extension of their offer. This would tie in with a date of Oct 20/08 as stated in the TD Waterhouse UK notice. (20 days to file a dissent, as per sec 206)
It seems rather odd to me that this automatic exchange of shares can take place, contrary to a plain reading of the CBCA. There has to be an exemption, perhaps in Regulations, permitting this, but one would think Section 206, cited by Kinross in its offer, would have some kind of an expanatory notation.
I note that the sentiment expressed so far seems to be one of relief that an end has been reached. So be it! For my own interest I will pursue this a bit further and post any significant findings. I wonder where the notice K sent on Sep 30th went? I sure didn't see it, registered or otherwise.
Regards, Orange Flash