Doubleview sues Tahltan's Day over Hat shutdown
2015-09-11 10:30 ET - Street Wire Shares issued 66,787,800 DBV Close 2015-09-10 C$ 0.08
by Mike Caswell
Doubleview Capital Corp. has filed a lawsuit in the Supreme Court of British Columbia against a group of blockaders the company claims shut down drilling on its Hat property. The company complains that the group wrongfully entered its camp, intimidated workers and caused the complete shutdown of drilling on the site. Doubleview is asking for a permanent injunction.
The problems that Doubleview complains of are described in a notice of claim the company filed at the Vancouver courthouse on Sept. 8, 2015. The only named defendant is Chad Norman Day, the president of an Indian group called the Tahltan Central Government. The company says the names of the other blockaders are unknown to it, and it lists John Doe and Jane Doe as defendants.
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The events in question, as described in the lawsuit, occurred at the company's Hat property on July 7, 2015. On that day, Mr. Day and others arrived at the property via helicopter, with the intention of stopping the company's drilling, Doubleview says. The blockaders, two men and four women, described themselves as Tahltan representative elders. They occupied the company's drill camp, which was largely staffed by Tahltan members, and threatened and intimidated the workers into ceasing all activities, according to the suit. Mr. Day and the blockaders camped out at the site until the next day, satisfying themselves that drilling had completely stopped, the suit states.
Doubleview complains that it had to shut down the camp as a result of the actions of Mr. Day and his associates. The situation, as described in lawyerly terms, was one in which the defendants "wrongfully and without lawful excuse" entered the company's lands and interfered with its work. Doubleview says it had proper permits in place to carry out that work.
As a result of the activities of Mr. Day and the others, the company has lost the opportunity to drill in favourable weather, the suit states. Doubleview also claims to have suffered a decline in its share price, impairing its ability to finance future work. Moreover, it risks breaching the terms of its option agreement for the Hat property, the suit states.
Doubleview is seeking a court order that would prevent any interference with work on the property. It is asking that the injunction specifically prohibit any threats or intimidation. The lawsuit is also seeking appropriate damages, court costs and interest. Vancouver lawyer Maryna O'Neill of Northwest Law Group filed the suit on the company's behalf.
Mr. Day has not yet responded to the lawsuit in court, but he did issue a news release the day of the shutdown in which he presented his views on the company's drilling. He said that the Tahltan Central Council had repeatedly asked Doubleview to remove its drill rig. As he saw it, the company was drilling in an area once occupied by Tahltan clans that contained grave sites. He also invoked the often-used complaint that the area had important cultural and spiritual uses.
The case does not yet have a hearing date. |