Sedar summary of 2019 proceedings The Court confirmed that IBC had,
i) by its actions, submitted to having the dispute heard in Nova Scotia, and ii)
that there is no other, more appropriate, forum for the parties’ litigation. Additionally, the Company was also awarded court costs to be paid by IBC, and IBC was instructed to file its
defence by May 17, 2019.
A corresponding written Order from the Court was issued on April 24, 2019, and a written decision from the Court followed on April 26, 2019. IBC has appealed this Order to the Nova Scotia Court of Appeal; the appeal was heard in an expedited basis on June 19, 2019 and a decision is pending.
Due to the appeal, the following has occurred:
1. With the interim injunction the Company secured on February 27, 2019, the Company has agreed to adjourn the hearing of an interlocutory injunction from April 30, 2019, until after the appeal is determined; and
2. The Company has also agreed to permit IBC an extension on its deadline to file a defence until ten days after the appeal is determined.
In summary, as of August 2019, there are three separate ongoing civil litigation matters between IBC and Ucore. The litigation in Utah also involves several officers and a director of Ucore as parties to the claims. These matters
are:
1. A matter initiated in December 2018 pursuant to an application by Ucore in Halifax, Nova Scotia,
Canada. This matter is expected to convert to an action. Ucore’s lead legal counsel for this matter
is Cox & Palmer in Halifax, NS.
2. A matter initiated in January 2019 pursuant to a complaint by IBC in Salt Lake City, Utah, USA.
Ucore’s lead legal counsel for this matter is Dorsey & Whitney LLP in Salt Lake City, Utah.
3. A second matter initiated in February 2019 pursuant to a complaint by IBC in Salt Lake City, Utah, USA. Ucore’s lead legal counsel for this matter is Dorsey & Whitney LLP in Salt Lake City, Utah.
Ucore plans on pursuing its claims against IBC, including the specific performance of various contractual obligations and/or recovering damages, while at the same time vigorously defending the Company against IBC’s
claims.