Judge Rosenberg... I doubt it. In doing a little more research I found this...I am wondering if there has been a diffinitive decision made. This may go on for some time?
P.S. I have not yet been offered a position to do research for either WSP or Aber so since I am not acting as eithers agent I must portray both sides.
Exall Resources Limited EXL
Shares issued 28,360,919 1999-04-20 close $0.25
Thursday Apr 22 1999
Mr. Stephen Roman reports
The company has declared that the Court of Appeal of Ontario has released a decision on the appeal by Exall from the Orders of the Honourable Mr. Justice Rosenberg. Mr. Justice Rosenberg's decision: interpreted the joint venture agreement, directed a Court reference as to the respective participating interests of the partners, and determined that if the interpretation and the Court reference were to result in dilution of Exall's interest, it was not entitled to relief from that dilution.
The Court of Appeal accepted the interpretation of the agreement, but found that the Honourable Mr. Justice Rosenberg failed to consider evidence supporting Exall's contentions, and that the failure to consider that evidence constituted an error in principle.
The Court of Appeal held that: "The finding that Exall acted unreasonably cannot stand..." and, "...the evidence of Exall's full and timely disclosure of its mode of operation to Glimmer, its invitation to Glimmer to raise any problems Glimmer had with that operation, and Glimmer's purported acquiescence should have been considered..." and directed the issue back before a Judge after the Court reference. The Court reference process has begun, but Glimmer is seeking different directions from a Judge since the Honourable Mr. Justice Rosenberg has recently retired.
There has yet to be a new Judge assigned.
Exall continues as operator of the mine, and mine operations continue unaffected.
(c) Copyright 2000 Canjex Publishing Ltd. canada-stockwatch.com
Now when I look at the dates of these two releases they are favorable Exall comment on the 22 of April '99 and favorable Glimmer on 23 April '99
hmmm
Who is out in front today? |
