I was up there yesterday and they had driven across my claim to drill on the east side (they hit nothing) then they pushed out two drill pads one on the east side and one on the west side of my claim without drilling. They then set up their drill in the Smeaton Town dump. There is enough buried fridges and tin cans and junked cars to more than make up for the magnetic anomaly they are drilling.
The town dump is an airborne magnetic target that was never ground checked, it is possible the town dump could be coincident with a kimberlite pipe but it is highly doubtful.
I'm in court with their Canadian partner Tuesday at 10:00 a.m.
Having said all that I really enjoy it!
Q.B.G. NO. 2186 of 2004
CANADA
PROVINCE OF SASKATCHEWAN
IN THE QUEEN’S BENCH
JUDICIAL CENTRE OF SASKATOON
BETWEEN:
CONSOLIDATED PINE CHANNEL GOLD CORP. and
UNITED CARINA RESOURCES CORP.
PLAINTIFFS
and
SEAGROVE CAPITAL CORPORATION
and SHAUN SPELLISCY
DEFENDANTS
AFFIDAVIT OF SHAUN SPELLISCY
1) I Shaun Spelliscy, of the City of Regina, Saskatchewan make oath and say as follows:
2) I am the president of the defendant corporation Seagrove Capital Corporation and a defendant. I was the person involved in all the dealings with the plaintiff Consolidated Pine Channel Gold Corp. and United Carina Resources Corp. Accordingly I have personal knowledge of all matters deposed to and with regard to information from other sources which I put forward and verily believe to be true.
3) At no time did I or Seagrove Capital Corporation agree to act as agent for Consolidated Pine Channel Gold Corp or United Carina Resources Corp.
4) At no time did I or Seagrove Capital Corporation enter into an agency agreement with Consolidated Pine Channel Gold Corp. or United Carina Resources Corp.
5) On approximately October 17, 2004 I noticed on the monthly publication of the Lapse List which is a government publication that gives 15 days advance notice of properties available for staking that four claims containing the Caroyln kimberlite pipe formerly owned by Richard Walker’s corporations were available for staking
6) On approximately October 18, 2004 I got in line to stake claims coming open for staking November 1, 2004. The cost for being in line was $500 per day. To be first in line means you are required to stand in line 24 hours a day to maintain first place position in line in able to register your claims on the first business day of the following month.
7) I phoned Richard Walker the day after I established first place position in line and offered him first place for $15,000 and the sale of an additional claim for stock. Mr. Walker agreed to buy first place in line and paid $15,000 for it but never made arrangements to take my position and because of this it cost me another $6800 in fees.
8) October 20, 2004 I drafted an agreement and forwarded an agreement to Mr. Walker which put on paper the terms we discussed. 1) Stock Payment 2) $15,000 cash payment 3) Terms for stock payment. exhibit “a”
9) Mr. Walker the president of the defendant corporation never responded to the terms put forward in the October 20, 2004 offer, and accordingly never took first place in line, and accordingly never staked any claims in accordance with the offer of October 20, 2004
10) On November 24, 2004 I again offered the claims to Mr. Walker but received no response. exhibit “b”
11) After repeated and frustrated attempts to contact Mr. Walker and his corporations I felt they were given enough time by December 6, 2004 to perform as agreed and I revoked the terms for purchase and transfer of the claims. exhibit “c”
12) The claims were sold December 17, 2004 to Aztec Mining Corp. of Indianapolis, Indiana.
13) A news release issued by United Carina Resources Corp. and Consolidated Pine Channel Gold Corp. on February 8, 2005 challenged the right of Seagrove Capital Corporation to transfer any of the seven disputed mining claims and the claims would be held in a state of limbo until a legal determination was made. A mining claim has a two year life span where the disposition holder is required to expend funds exploring or post a cash in lieu of payment.
14) If I lose the deal with Aztec Mining Corp. waiting for a legal determination with United Carina Resources Corp. and Consolidated Pine Channel Gold Corp. it is unlikely I will ever get another deal on these claims and will have to spend up to $30,000 of my own money to keep the claims in good standing.
15) My client Aztec Mining Corp. was upset by the news release issued by United Carina Resources Corp. and Consolidated Pine Channel Gold Corp. Aztec Mining Corp is my most important client at the present time. Out of caution and respect for the legal proceedings underway I advised Scott Tobias the president of Aztec Mining Corp. I was not in a position to transfer the claims to Aztec Mining Corp. but was in a position to transfer the claims to myself already named as a defendant in this action.
16) Aztec Mining Corp. has been aware at all times of the legal proceedings underway and understands that a legal determination might not be in their favour.
17) Prior to transferring the four dispositions I discussed the transfer with Ms. Linda Troesch the Administrator for Mining Lands at Saskatchewan Industry and Resources. Ms. Troesch advised me that nothing precluded me from transferring the dispositions. I identified the dispositions to Ms. Troesch prior to transfer as being under dispute and subject to a legal action. What Ms. Troesch advised me of was always my understanding of the dispute process, i.e. the dispute valid or not valid would stay on the disposition until resolved.
18) The following documentation is material to this dispute;
19) I make this affidavit in opposition to any application for injunction.
SWORN BEFORE ME at the City of
Regina, in the Province of Saskatchewan,
this 17th day of February, 2005 __________________
SHAUN SPELLISCY
___________________________
A COMMISSIONER OF OATHS
My commission expires April 30, 2006
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