Repost from Yahoo FRom TT lawyer Part I
Exact copy of FAX received at 20:29 last night. Call (604)534-5085 to get a copy.
"As you know, today was the court appearance before Justice Cohen on Trooper's
motion for contempt sanctions. The Judge ruled initially that Rene would be excluded
from consideration for contempt sanctions, and that the hearing would proceed only
against TTRIF and TTWSI. There was a full day of testimony, with David Lunny
cross-examining Dr. Cumming & Ross Lewis for Trooper; Ed Bowes on our behalf
cross-examined Stan Lis and his engineer, Harlan Kelly.
We had an excellent day, with the following high points:
Dr Cumming testified to & demonstrated the conscientious response of TTRIF to
Justice Cohen'sOrder, having studied it in light of the Reasons for Judgement, noting
that we hired Ross Lewis of Stothart engineering to review the License Agreement, the
order, and the Design Criteria Manual to be certain that we were in full compliance
with the order, and that Trooper had the latest improvements available under the
License Agreement.
Dan covered the old patents, resisting adeptly Lunny's attempts to suggest that we had
merely improvements, not unique new subject areas, in our new patented processes.
Ross Lewis testified that he had reviewed Justice Cohen's Order, and found that Cohen
had expressly excluded from production specifications related to equipment and
construction, and environmental studies. So Ross therefore believed that the order only
called for turning over the technology Transfer Manual, which is our Design Criteria
Manual, which he updated, after due diligence, in full compliance with the Order. Lunny
appeared totally taken aback by Ross' reliance on what Cohen had excluded from
production, and attacked Ross only to the extent of urging that the standard engineering
drawings which
Ross produced had not been certified. Ross produced a copy of the certification from
his file.
Ross stressed the difference between process drawings - which the Design Criteria
Manual provided - and construction drawings, which could be produced by reference
to a specific locale, from our Manual. He pointed out too that in 1992, there had been
no plants built; none were built until 1994.
Ross stressed that we had produced all of the certified standard engineering drawings
which we possessed, and that in his professional opinion: i) TTRIF had complied fully
and in good faith with the Order; ii) Trooper has everything in the Design Criteria
Manual necessary to build plants; and iii) that he was familiar with dick Engineering's
drawings, and that these were for a wholly different process and had nothing to do with
what was acquired by Trooper under the License Agreement.
On cross-examination, Stan Lis stated that all of Trooper's press releases were true,
including those from early 1997 that reported a contract with Korbud in Poland to do
all of their necessary plant drawings, and that all approvals had been obtained from
evey agency except one so that construction was definitely to start in August, 1997.
Against this, he tried to claim that he had gotten all of this permitting done without
producing any drawings, (that Korbud had been hired to do under the "Contract"), and
all of this was because TTRIF didn't get him "blueprints". He claimed that all of his
filings & permits in Poland were achieved without having to file a single drawing,
because he had none and this was our fault. Ed Bowes demonstrated that the BDO
report, and Trooper's own "true" press releases, said the opposite. Lis claimed that his
website report that environmental approved deals had been obtained based on the
specificeions from the Ontario plants was false. |
