Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

Gold/Mining/Energy : Crystallex (KRY) -- Ignore unavailable to you. Want to Upgrade?

To: Graystone who wrote (8275)	4/17/1998 12:38:00 PM
From: E. Charters	Respond to of 10836

Well if a court admits motions it agrees that prima facie they have the look of right and have some legal basis or are reasonable. It then looks at all opposing argument or moves to suppress the motions. If all submissions by the defense fail to suppress and there is right then the motions is passed. There is very little else to consider. Since KRY has title it is only natural since there is no agreement between KRY and CVG that the resolutions of the MEM are in existence without foundation. The court considered that KRY was legally entitled as owner of the claims to make these requests. In effect they are saying (KRY) that "we own the certain claims and by our rights under mining law we wish to have extinguished the contracts and resolutions that allow a party to adversely dilute our natural rights to these claims and operate them as a mine. To this end we wish to have these parties ordered to quit the claims and for the ministry to dissolve and orders that give any party other than Crystallex the go ahead to mine." It follows that if KRY's claim of ownership is good then the other parties ownership and anything that flows from that must be false and therefore KRY's claim is undeniable. The need to research the pedigree of the any claims to the contrary is null. It may be looked at if it further establishes that it had no force of right in the first instance but that is not necessary. Here we may see that the Ministry's previous attempts to get Mael to quit the claims and surrender all subsequent rights or redress must have seen the possibility that such negotiations and assignments were open to question. That is why they wanted to make sure Mael was satisfied with any compensation. Since Mael was not satisfied and negotiations between the gov't and Mael did not take place then no surrender was made of any subsequent claims that could be made. the ministry either has the right to expropriate claims or deny the renewal or it does not. To offer compensation for doing so is suspect to start with. The process whereby CVG got the right to enter into contracts with Dome mines was fatally flawed. Dome's lawyers warned Dome 2 years ago that they may lose any case where the sanctity of such deals were challenged. The company CVG is not legally empowered constitutionally or by organic law to own claims or operate then as a mine! Only the government can directly do so. (as can say, the government of Ontario.) But this quasi state-owned agency was not competent to hold title! It was never passed into law that they could compete as a citizen could to own title to a mining claim! The crux is how they acted here. The claims that were forfeited by the gov't were automatically passed to CVG without them having to compete with anyone else to get them. Thereby they bypassed the whole process of obtaining title under the mining act. This oversight leaves them without lawful ownership. There was no process that allowed them to step between the renunciation of a particular title and the publishment of its availability to the citizens under mining law. Thus it was a fiat of civil service appropriation and not a process of right or legal process that gave CVG every single one of its mining titles. This denies the Venezuelan citizens their natural right and particularly the creditors of Lemon's estate and Inversora Mael theirs. Protect us everyday against our government and we shall fear no evil. How is it man does ill so skillfully and with great energy yet duty in the name of good finds such sloth and encumbrance to action? eharter@vianet.on.ca The Canadian Mining Newsletter