J.D. Hole has something to say:
No. CR76669
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Vancouver Registry
ÿÿÿÿÿÿÿÿ IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN:
ÿÿÿÿÿÿÿÿÿ TROOPER TECHNOLOGIES INC. and
ÿÿÿÿÿÿÿÿÿ INTERNATIONAL ECO-WASTE SYSTEMS S.A.
AND:
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ PLAINTIFFS
ÿÿÿÿÿÿÿÿÿ THERMO TECH TECHNOLOGIES INC., THERMO
ÿÿÿÿÿÿÿÿÿ TECH WASTE SYSTEMS INC., LOCKERBIE & HOLE
ÿÿÿÿÿÿÿÿÿ LTD. and LOCKERBIE THERMO TECH INC.
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ DEFENDANTS
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ AFFIDAVIT
ÿÿÿÿÿÿÿÿÿ I, J.D. Hole, P. Eng., of 10820 - 146 Street, Edmonton,
Alberta,
HEREBY MAKE OATH AND SAY AS FOLLOWS:
1. I am an officer and director of Lockerbie & Hole Contracting
Limited., referred to in this action as Lockerbie & Hole Ltd., and
Lockerbie Thermo Tech Inc., two of the Defendants herein, and as such
have
knowledge of the matters hereinafter, deposed to save and except where
stated
to be on information and belief and where so stated I verily believe
them to
be true.
2. I am a Professional Engineer and contractor. I obtained a
B.E.Sc. degree in Civil Engineering from the University of Western
Ontario in 1967. I became a member of the Association of Professional
Engineers of the Province of Quebec in 1970 and of the Province of
Alberta in
1971 and have been involved in the engineering and construction business
for
over 30 years. Our companies have had extensive experience in the value
engineering and construction of thermophilic and other process
plants and have since approximately 1994 been working in that regard
with the
Defendants, Thermo Tech Technologies Inc. and Thermo Tech Waste
Systems Inc. (hereinafter collectively referred to as "Thermo Tech").
8. I have been requested by Mr. Stan Lis, the President of the
Plaintiff; Trooper Technologies Inc. ("Trooper") to review certain
standard engineering specifications and drawings (the "materials"),
which I
am advised by Mr. Lis and verily believe Thermo Tech delivered to
Trooper on or about July 17, 1998 in purported compliance with the Order
of this
Honourable Court, dated January 20, 1998 (the "Order"). The materials
are
now produced and shown to me and collectively marked as Exhibit "A"
to this my Affidavit.
4. At the request of Trooper, I have executed a Confidentiality
Agreement, a copy of which is now shown to me and attached as
Exhibit "B" to this my Affidavit.
5. I have reviewed the Order, wherein Thermo Tech was required
to deliver forthwith to Trooper "all standard certified engineering
specifications, including drawings, regarding thermophilic plants"
in their possession or control; I would define these to be engineering
specifications, including design and construction drawings, as prepared
by the
Consulting Engineer, for a thermophilic plant and will refer to them
hereinafter as "engineering specifications and drawings".
6. By virtue of my association with Thermo Tech, I am personally
familiar with all such materials which were put in the possession of
our company by Thermo Tech and its Consulting Engineers as of the date
of the Order.
7. Based upon my personal knowledge, I am able to state
unequivocally that the materials which constitute Exhibit "A" are
only a portion of the total volume of engineering specifications and
drawings which have been put in the possession of our company by Thermo
Tech and
its Consulting Engineers.
8. Specifically, the materials which constitute Exhibit "A" are only
a portion of the engineering specifications and drawings produced by
Dick Engineering, with which I am personally familiar. Further, it
appears that the materials which constitute Exhibit "A" are edited
versions of
the aforementioned specifications and drawings so as to remove details
which would
normally be provided for construction. The materials provided in Exhibit
"A"
would be insufficient to construct a plant.
9 Based upon my own knowledge, I am able to state unequivocally
that the materials which constitute Exhibit "A" do not include all
of the engineering specifications and drawings either referred to in my
own
previous Affidavits filed herein or referred to by the Honourable
Mr. Justice Cohen in the Reasons for Judgment, dated January 20, 1998,
at
paragraphs 10 through 15, and in the Reasons for Judgment, dated July
10, 1998,
at paragraphs 32 through 34.
10. I can also attest that the materials which constitute Exhibit "A"
are quite distinct from and only a portion of the engineering
specifications and drawings utilized by Thermo Tech itself in tendering
for the
construction of their thermophilic plants. The latter engineering
specifications
and drawings were sent out to numerous contractors, including our firm,
as part of the tender package for the construction of the new plant in
Richmond, British Columbia.
SWORN BEFORE ME AT the City
of Vancouver, in the Province of
British Columbia, this 19th day of "signature"
August, 1998.
___________________________________
J. D. Hole
ÿÿÿ "signature"
A Commissioner for taking
Affidavits in and for the Province of
British Columbia.
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