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To: hubris33 who wrote (43216)8/22/2006 8:26:34 PM
From: austrieconomist  Read Replies (1) | Respond to of 108673
 
haven't read the opinion, just had it paraphrased to me by a "reliable source". There could be a variety of appealable errors. Won't know the tacks taken until the appeal has been filed. Don't think it has as yet, but could be wrong here. However, the core of the matter is fact intensive, including the credibility of witnesses. In the states that would be a difficult row to hoe. In Canada, however, I am not sure but I think an Appeals Court reviews the case without giving any deference to the lower court. Don't know how that works with judging the credibility of a witness -- surely they don't ask for witness testimony again on appeal. Anyway, my belief as a distant bystander is that it will be difficult to gain a reversal and AQI will know that. Perhaps some sweet settlement deal enriching IMR management will be the outcome. Seems most likely to me.