Trooper successful in court of appealÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ
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Trooper Technologies Incÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ TPP
Shares issued 18,120,364ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Feb 26 close $1.80
Fri 27 Feb 98ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ News Release
Also Thermo Tech Technologies Inc (TTRIF)
Mr Stan Lis reports
Trooper was completely successful in today's application in the BC Court of
Appeal.ÿ Afterÿ losing in the Supreme Court of BC, Thermo Tech Technologies
and Thermo Tech Waste Systems Inc, applied to the Courtÿ ofÿ Appealÿ forÿ a
stayÿ (ie suspension) of the order of Mr Justice Cohen which required those
twoÿ companiesÿ toÿ deliverÿÿ upÿÿ allÿÿ standardÿÿ certifiedÿÿ engineering
specifications,ÿ includingÿ drawings,ÿ inÿ theirÿ possession and control to
Trooper and its subsidiary, International Eco-Waste Systems Inc.
Thermo Tech's application was dismissed by the BC Court of Appeal.
In the course of granting judgment in favour of Trooper, the Honourableÿ Mr
Justiceÿ Macfarlaneÿ noted that the Thermoo Tech companies had not complied
with the order of Mr Justice Cohen and have continued to refuse toÿ comply.
Hisÿ lordshipÿ observed that, if the Thermo Tech companies had any concerns
with respect to confidentiality, those issues could have been dealt with by
anÿ applicationÿ beforeÿ Mr Justice Cohen, but no such application had been
made. His lordship found that the Thermo Tech companies were in contempt of
Mrÿ Justiceÿ Cohen'sÿ order.ÿ Asÿ to the merits of the claim, his lordship,
after a careful review of all of the materials before the court, was unable
toÿ identifyÿ anyÿ bonaÿ fideÿ defence to the claim made by Trooper and its
subsidiary, International Eco-Waste Systems SA.
His lordship further was of the view that theÿ Thermoÿ Techÿ companiesÿ had
failedÿ to dernonstrate that they would suffer irreparable harm if the stay
were not granted and found that the balance of convenience was in favour of
Trooper.
As a result of the success of Trooper on all issuesÿ beforeÿ theÿ Courtÿ of
Appeal, the application for a stay was dismissed.
Trooper must hope that the Thermoÿ Techÿ companiesÿ willÿ nowÿ ceaseÿ their
contemptÿ ofÿ court and immediately deliver up all the materials ordered by
Mr Justice Cohen, otherwise contempt proceedings will be instituted without
delay.
In view of the serious misrepresentations that have in the pastÿ beenÿ made
byÿ theÿ Thermoÿ Tech companies as to the orders of the court, Trooper will
provide a full text of the reasons for judgment of Mr Justice Macfarlane as
soon as it is available.
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