The position of the BCSC is that C1912-2001 is the so called main case dealing with the title dispute of Pascua, Chile. The BCSC is demanding MSX to release news which defines Barricks legal position from specific isolated events which would not be an accurate disclosure of the legal matters in Chile. In short, the BCSC wants MSX to print Barrick owns Pascua and Barrick is not effected by the precautionary measure from C1912-2001.
We all know, Mr Lopehandia has earned the right to keep the precautionary measure in place against Barrick. This right was granted in the 14th Civil Court of Santiago in case C1912-2001 and upheld after Barrick begged the courts with another attempt of illegal testimony.
MSX legal counsel sent the following letter to the BCSC which provides an accurate portrayal of the legal events that has kept in place the "Pascua Injunction" and allowed Jorge Lopehandia to call Ex Chilean President Ricardo Lagos to testify why he approved the Pascua Lama Project for Barrick Gold while a court order was in place preventing the Government from doing so.
The BCSC interest in this issue arises from the BCSC approval of the Barrick and Silver Wheaton contract for forward sales of Silver at Pascua, Chile. This deal approved by the BCSC is illegal under Canadian and Chile law.
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