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American CuMo Mining Corporation (TSXV:MLY,OTCQX:MLYCF) together with chief operating officer Shaun Dykes announced on Friday that Thursday afternoon, the Supreme Court of British Columbia ordered a lawsuit stayed which was brought against American Cumo and Mr. Dykes by IEMR Hong Kong on June 17, 2014. On Thursday, IEMR(HK) published a news release which stated that the lawsuit was “ongoing”, even though the lawsuit was stayed by the Court. IEMR(HK) first attempted to delay Mr. Dykes’ application on Thursday through a preliminary request to adjourn it for some unspecified period of time. However, the Supreme Court dismissed IEMR(HK)’s application for a delay.
As quoted in the press release:
The Court ruled that Mr. Dykes was correct in his argument that IEMR(HK)’s claim was improperly commenced. The Court ruled that, by having commenced the lawsuit as a Notice of Civil Claim, IEMR(HK) was circumventing the Rules of Court, which entitle Mr. Dykes to the right to require that IEMR(HK) support the serious claims that it was making against him and the company with a sworn affidavit. By following an improper procedure, IEMR(HK) filed allegations against Mr. Dykes without any sworn evidence to support them. Mr. Yiming Xie published certain of its unsupported allegations in a public news release on June 30th. Yesterday’s ruling by the Supreme Court requires IEMR(HK), if it wishes to continue with a new proper Petition proceeding, to file a sworn affidavit deposing to the allegations against Mr. Dykes, rather than simply making unsupported allegations, as it did in its initial lawsuit. The court also awarded costs to Mr. Dykes.
Click here to read the American CuMo Mining Corporation (TSXV:MLY) press release
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