Printer Friendly
The Free Library
19,573,962 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Clearly Canadian update on litigation with Blue Mountain Springs Ltd.


VANCOUVER, British Columbia--(BUSINESS WIRE)--Sept. 14, 1995--Further to our News Release of May 24, 1995, Clearly Canadian This article or section needs sources or references that appear in reliable, third-party publications. Alone, primary sources and sources affiliated with the subject of this article are not sufficient for an accurate encyclopedia article.  Beverage Corporation (NASDAQ NASDAQ
 in full National Association of Securities Dealers Automated Quotations

U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on
:CLCDF) (VSE See DOS/VSE.

VSE - Virtual Storage Extended
:CLV (Constant Linear Velocity) Rotating a disk at varying speeds. By changing speed depending on which track is being accessed, the density of bits in each track can be made uniform. ) wishes to announce recent developments in connection with its litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 with Blue Mountain.

As referred in our previous News Release, the Ontario Trial Court awarded judgment in favour of Blue Mountain in the amount of $Cdn 5,900,000, before interest or costs, based on breach of contract. Clearly Canadian disagreed with the decision rendered by the Trial Court and instructed counsel to file an appeal. Accordingly, a Notice of Appeal was filed with the Ontario Court of Appeal The Court of Appeal for Ontario (frequently referred to as Ontario Court of Appeal) is headquartered in downtown Toronto, in historic Osgoode Hall.

The Court is composed of 22 judges who hear over 1 500 appeals each year, on issues of private law, constitutional
 Registry on June 16, 1995.

Notwithstanding the filing of the Notice of Appeal, the Trial Court retained the jurisdiction to decide the issues of interest and costs on the basis of its award of damages. As a consequence, Clearly Canadian and Blue Mountain made submissions to the Trial Court in connection with the amount of pre-judgment interest and court costs court costs n. fees for expenses that the courts pass on to attorneys, who then pass them on to their clients or, in some kinds of cases, to the losing party.  that Blue Mountain would be entitled to receive if the Trial Judge's award is upheld on appeal.

In Blue Mountain's submissions it claimed the sum of $Cdn 4,672,800 for pre-judgment interest and the sum of $Cdn 45,000 for costs and disbursements. Clearly Canadian, on the other hand, submitted that if the Trial Judge's award is upheld on appeal, then Blue Mountain would be entitled to $Cdn 2,322,042 for pre-judgment interest and to $Cdn 12,000, plus assessable disbursements, for court costs.

Ultimately, the Trial Judge held in favour of Clearly Canadian, set pre-judgment interest at $Cdn 2,322,042 and fixed court costs at $Cdn 12,000, plus assessable disbursements.

Under Ontario Court Rules, the execution of a money judgment, such as obtained by Blue Mountain, is automatically stayed once a Notice of Appeal has been filed. As a result, Blue Mountain is not entitled to enforce any judgment against Clearly Canadian while the matter is under appeal.

As previously announced, Clearly Canadian believes that the Trial Court failed to take into account a number of significant issues which Clearly Canadian views as worthy of appeal.

-0-

Note: CLEARLY CANADIAN BEVERAGE CORPORATION is the registered holder of the trademark "Clearly Canadian (R)".

CLEARLY CANADIAN BEVERAGE CORPORATION, and its wholly owned International subsidiary, Clearly Canadian Beverage (International) Corporation, produce, distribute and market CLEARLY CANADIAN (R), CLEARLY TEA (TM), and CLEARLY 2 (TM), a line of flavoured and unflavoured bottled sparkling water beverages.

Through distribution and/or licensing agreements, CLEARLY CANADIAN (R) is sold throughout the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. , Canada, Japan, and the United Kingdom, the Republic of Ireland, the Caribbean and Mexico.

The Vancouver Stock Exchange Vancouver Stock Exchange (VSE)

A securities and options exchange in Vancouver, British Columbia, (Canada), specializing in venture capital companies.


Vancouver Stock Exchange

See Canadian Venture Exchange (CDNX).
 has not reviewed and does not accept responsibility for the adequacy or accuracy of this release. This news release was prepared by management who accept full responsibility for its content.

CONTACT: D. Bruce Horton

Chief Financial Officer & Director, (604) 683-0312

(604) 683-2256 (Fax)

1-800-663-5658 (U.S.A.)

1-800-663-0227 (Canada)
COPYRIGHT 1995 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1995, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Publication:Business Wire
Date:Sep 14, 1995
Words:491
Previous Article:StorageTek announces second-generation Iceberg models, pricing: general availability of four new features.
Next Article:Mirage Resorts announces plans for HarbourTowne Resort; resort "will initiate a renaissance for Bridgeport".
Topics:



Related Articles
Romancing the clone.
CLEARLY CANADIAN BEVERAGE CORP. - LITIGATION WITH BLUE MOUNTAIN SPRINGS LTD.
The Dying of the Trees: The Pandemic in America's Forests.
Clearly Canadian announces acquisition - Blue Mountain Springs Ltd. and settlement of lawsuit.
Clearly Canadian to defend against legal claim.
Clearly Canadian: Cascade Clear Expands Refresher Line-Up.
Clearly Canadian Announces First Quarter Results, Alternative Beverage Company Reports Operating Profit.
BEAUTY IN BLOOM; WILDFLOWERS MAKE A SMALL RIOT OF COLOR.
Construction begins on new 329,000SF Secaucus Wal-Mart.
Avalon Travel.

Terms of use | Copyright © 2012 Farlex, Inc. | Feedback | For webmasters | Submit articles