RE:RE:Izatt filed a motion for summary judgment in Utah case todayUCUlong wrote: This is exactly what Ucore should be seeking in Halifax. We should be asking the court to dismiss IBC claims against Ucore
because we have an OTP agreement signed by his lawyers as noted below in a court decision December 04 2019.
Judge Warner Stated:
[76] On its face, the Option Agreement giving Ucore the option to purchase the shares of IBC gives Ucore a strong prima facie case to an interlocutory injunction. It is an agreement signed by parties clearly with the benefit of legal counsel.
UCUlong: a
prima faciae right is one of the criteria to obtain an interlocutory injunction. An injunction allows you to pursue your claim, while making sure that you will not suffer permanent damages during the legal proceedings.
At this stage, a judge will look at whether or not the party requesting it has, among all, a
primae faciae right or a right at the first sight, which is way different than the criteria to obtain a summary judgment.
The whole legal process between IBC and UCU is not a right "at first sight", but examinations (discoveries) and written proceedings need to take place as well as a trial to test the credibility of the witnesses. A final judgment is then pronounce on the merit of the case. But this whole process takes time.
You cannot ask the court that the whole case be dismissed based on a
primae faciae ruling of a judge that you obtained in an interlocutory injunction... Otherwise, UCU's lawyers would not have asked for an interlocutory injunction, but to dismiss IBC's defence and to be the owner of IBC following the OTP agreement. At the trial on the merit, the judge will have the benefit of the examinations, cross-examinations, the examinations before or after plea (if filed in the court record), the expert report(s) and so on.
However, IBC is in fact requestiong a judgment on the merit of the case presented in Utah based on the evidence presented in its Motion . A summary judgment means also that it is requested prior to all the steps having been completed in Utah. In other words, IBC believes that it has sufficent arguments to win the case on the merit at this stage.
Judges are usually very reluctant to grant that type of summary judgment, as other evidences can be introduced at the trial on the merit. It puts a lot of pressure on the party that receives it, as you need to prepare to defend this Motion properly, as if you lose, you lose the whole thing. In other word, you put a lot of money in legal fees, as your attorney need to go to the Court to defend the case as best as he could, as the consequences of loosing are not fun.
You also invrease the delays, as judges gives a date to the parties to be heard and then will need to come up with a judgment. I do not know what are the delays to render a judgment in Utah though. It can certainly be short as it can certainly be long.
Moulouk