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by Mike Caswell
Mountainstar Gold Inc.'s president, Brent Hugo Johnson, has taken the fine and ban that he received from the B.C. Securities Commission to the Court of Appeal for British Columbia. He says that the BCSC unfairly denied him the opportunity to present material evidence and that it breached his "rights to natural and fundamental justice." He further complains that the BCSC misapprehended the evidence before it.
The appeal from Mr. Johnson comes about one month after the BCSC imposed a permanent ban and a $150,000 fine on him for what it said was serious misconduct. Mr. Johnson had claimed that Mountainstar was in the process of obtaining a portion of Barrick Gold Corp.'s Pascua Lama project through the Chilean courts. What he did not disclose was a court decision that did not go in Mountainstar's favour, the BCSC said.
Lawyers acting on behalf of Mr. Johnson filed a notice of appeal at the Vancouver courthouse on May 6, 2019. The notice contains no details, only setting out the framework of the appeal. Mr. Johnson's grounds of appeal are that the BCSC erred in law in denying him the right to tender "relevant and material evidence." He further contends that the BCSC acted on perjured evidence. (In other words, a witness lied.) Mr. Johnson also claims that the BCSC ignored or suppressed evidence, and that it misapprehended the evidence before it.
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