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August 2013

Amended SOC filed and served in Alberta

Let's see. . . Where were we?

We appealed the jurisdiction motion in Ontario and were on our way to Alberta. We retained Docken and Co. and were advised to appeal to the Supreme Court of Canada on the juridiction. Last November (2012) we exhausted our attempts to have our case heard in Ontario.

What is obvious to us is not obvious to the courts. We are suing Brookfield and Brookfield resides in Ontario. However, the courts have ruled that the actions took place in Alberta and therefore we have to take our case there.

We have changed representation and have hired Anthony Merchant of the Merchant Law Group. The result has been an amended Statement of Claim which was filed/served to Brookfield/Tricap in Alberta on July 25th, 2013.

There are a few changes and we'll highlight them in the next post. In the meantime, please take a look at the amended Statement of Claim: Download 2013-07-25 FILED Amended Statementof Claim (2)

The amended version of the Statement of Claim is more concise and contains some new language. Look for the words "deemed" and "but for" as they point out some very significant facts.

We have elaborated on those facts here on this blog. We encourage you to use the search box in the left blue sidebar to go back and read about those facts. 

If you have any questions please contact us by emailing birchmountain@hushmail.com.