Lorne, in case you don't know the burden is upon Aber to make a legal case for maintaining their percentage of an exploration program without contributing or even giving proper notice of their intentions in a timely manner.
The points offered were apparently from Aber's documents. If they don't cut it, that is the end of the story.(with multiple costs and who knows what Winspear might counterclaim)
Possibly there is more to the claim.
Author: Midas -- Date:1999-04-05 18:47:38
Subject: Aber is toast by their own evidence.
Aber will get scratched before they open their mouths for oral arguement. When there is a contract or a written proposal in place involving money, what you do or say orally doesn't mean anything unless your name is Monica. Whne you boil it all down Aber's arguement is that we gave no "legally binding" indication of our participation because Winspear did not write it out for us to sign and we sent no money because Winspear did not provide us with a check filled with everything but our signature, but Gee Whiz, Your Honour, we sure would like to be in now! We just kinda thought, you know, that we would see how things went before we put our money in. And by the way, Your Honour, we sure didn't want to do anything that might disturb our $100 million dollar financing at $14.75 per share. Like you know, Your Honour, if our investors didn't like it they could pull their money. We surely didn't want to take a chance on Snap LAke and loose our cash and then loose percentage in Diavik. So there it is, Your Honour, anybody could see, It is just not fair! Please don't go looking at that contract now, cuz we were like buddies with Winspear and they shouda carried us through, you know, like cause we are really good guys. And you know, Your Honour, they sort of like let us go one other time, just kinda like my ex-wife you know. The first three times she caught me cheating and she didn't divorce me, so like it is just not fair. I still don't know why that darn judge didn't apply estoppel and make her stay married. Now I lost my house and 16% of Snap Lake too and to sum up, Your Honour, it is just not fair. |
