Canada Carbon Wins Appeal Decision from Quebec Court of Appeal

Published: December 21, 2018 |

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Canada Carbon Inc. said Mr. Justice Martin Vauclair of the Quebec Court of Appeal gave permission to the Municipality of Grenville-sur-la-Rouge to appeal the decision rendered by Madam Justice Danielle Turcotte who rejected the Municipality’s motion to dismiss the company’s damage claim as abusive. In granting this permission, Judge Vauclair indicated that he was not commenting on the chances of success of this appeal.

It should be noted that the Turcotte judgment concluded in particular that the damage claim filed by the company 1) did not appear abusive, 2) nor did it present the characteristics of a SLAPP lawsuit, but rather that 3) the action of the company is an action in damages of a conservatory nature. The Municipality will therefore have the burden of demonstrating to a bench of 3 judges of the Court of Appeal that the Turcotte judgment is unfounded in fact and in law.

“The filing of our action for damages and its subsequent suspension would both safeguard the rights of the company and also prevent the Municipality from having to defend itself against this action pending the results of other legal proceedings. This approach was considered reasonable in the decision handed down by Madam Justice Turcotte,” said Executive Chairman and CEO R. Bruce Duncan.

About Canada Carbon
Canada Carbon Inc. holds a 100 percent interest in three strategic graphite properties located in Quebec, including 2 past producing graphite mines, the Miller and the Asbury.

To stop by Canada Carbon’s website, CLICK HERE

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