Canada Carbon Inc. (TSXV:CCB) announces that on March 1, 2019 the attorneys for Canada Carbon sent a proposal to GSLR’s attorneys that would reduce the length of the Judicial review hearing related to GSLR council’s resolution of noncompliance of the Miller Project.
Canada Carbon Inc. (TSXV:CCB) announces that on March 1, 2019 the attorneys for Canada Carbon sent a proposal to GSLR’s attorneys that would reduce the length of the Judicial review hearing related to GSLR council’s resolution of noncompliance of the Miller Project. The proposal requested receipt of GSLR legal counsel’s position by noon on March 12th, 2019 so that a joint proposal could be submitted to the Superior Court in order for the Court to determine the length of the trial and to set the date of the hearing. As of today, we are still waiting for their official position.
On March 21st, 2019, counsel for both GSLR and the Company were present in front of Judge Robert Castiglio, at which time GSLR’s counsel was asked to explain why there was no response since March 1, 2019 regarding the trial schedule for the Judicial review. No satisfactory explanation was provided to the Court.
The Judge pronounced an order of the court saying that:
- The debate to fix the duration of the trial is postponed to April 5th, 2019 and;
- That Mr. Fortin (counsel for GSLR) will have to be present on April 5th, 2019, in order to present his position on Canada Carbon’s proposal.
On April 5th, once the parties settle the debate on the duration of the trial, the Judge may either:
- immediately fix the date of trial; or,
- postpone the fixing of the trial date to May 1st, 2019, at which time all cases with a duration of more than 3 days will be assigned in the court schedule.
It is Canada Carbon’s desire to have the date of trial fixed on April 5th, 2019, as the Judicial review is an urgent matter and should be heard as a priority.
Canada Carbon CEO and Director R. Bruce Duncan said, “The Municipality continues to delay the finalization of the judicial review file and to take all kinds of procedural liberties for the sole purpose of delaying the hearing. However, the file is now complete and a trial date will be fixed shortly, which will finally force the Municipality to defend its position in court.”
Appeal of the Turcotte Judgment
Moreover, it will be recalled that on November 9, 2018, Judge Turcotte of the Quebec Superior Court dismissed GSLR’s request to have the Company’s claim for damages declared to be abusive. The Judge had concluded that the Corporation’s action did not present any of the characteristics of a SLAPP action. GSLR presented a motion for permission to appeal this judgment before the Quebec Court of Appeal which was granted. This file is now complete and the arguments will be heard on May 17, 2019 at the Court of Appeal in Montreal.
CANADA CARBON INC.
“R. Bruce Duncan”
CEO and Director
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