Issue link: http://resourceworld.uberflip.com/i/734523
o c t o b e r / n o v e m b e r 2 0 1 6 www.resourceworld.com 65 P r o F e s s i o n A L d i r e c t o r Y WE PROMISE AND WE DELIVER LITHIUM PROJECTS FOR INITIAL PUBLIC OFFERING Fayz Yacoub Professional Geologist Tel: (604) 831-0424 Email: fayz@ontrackexploration.com www.ontrackexploration.com mid-October in which opposing 'stay' applications of the plaintiff and defen- dants will be heard. "I expect that we are going to succeed in our application to prevent the appeal being heard before Justice Leask quanti- fies the damages," Beach speculated. "On September 13, he set the remainder of the trial on damages to be heard starting in mid-May next year. He has allocated three weeks and, if necessary, four weeks." Beach said that he will need to carefully consider if he wants to go ahead with his original bulk water shipping plan. He said that it will depend on the size of the dam- age award and, noting that he is now 66 years old, whether he would have or want to devote the time and energy to pursuing the venture. He recognizes that California is still fac- ing a severe water shortage despite some progress in mitigating the shortage. For example, a 50-million gallon/day desalina- tion plant has been operating since 2015 in Carlsbad, north of San Diego, and another one is planned for Huntington Beach, near Los Angeles. However, Colin Beach points out that not only do desalination plants require a great deal of electric power, salt- laden brine must also be disposed of. Beach also explained that his winning the case may not actually strike down an aspect of the BC Water Protection Act. "If it doesn't then it won't be possible to go into the bulk water shipping business," said Beach. Beach's water company is still a registered company. "It is possible that the Court of Appeal could say that the government's appeal has to be heard first," said Beach. "What that might mean is that Justice Leask would not be able to proceed on his schedule to deal with damages next May. That could mean that he may never hear the damages part of the trial – assuming that we defeat [the government's appeal]." Justice Leask has stated that he plans to retire in the fall of 2017. "He is ada- mant that he wants to make sure that he finishes this case dealing with damages next May and completes his reasons for judgment," explained Beach. "I think the Court of Appeal will be sympathetic and give us the stay that we are applying for. The government's opposing stay applica- tion, as I understand it, is not to prevent Justice Leask from going ahead to hear the remainder of the trial on damages and rule on it, but to overturn his decision to allow the plaintiff to introduce further evidence of damages." Beach remarked that there have already been arguments about damages at the trial so far, but other documents still need to be presented that the government intends to oppose. He said that one con- sultant has prepared a damages estimate but more independent expert opinions are needed, both with respect to claimed losses regarding the shipment of water to the Goleta Water District of California, and Aquasource's bottled water and associated beverage business. n continued from page 62