Friends of the Lubicon
485 Ridelle Ave.
Toronto, ON M6B 1K6
tel: (416) 763-7500
fax: (416) 603-2715
e-mail: fol@tao.ca
Web: http://www.tao.ca/~fol/
May 15, 1998
Attached for your information is a letter from Daishowa lawyer Peter Jervis
announcing Daishowa's launch of an appeal of Justice MacPherson's decision
in the Daishowa v. Friends of the Lubicon case.
Mr. Jervis makes it clear that Daishowa intends to push ahead with its
attempts use Canadian courts to shut down the Lubicon boycott of their
paper products. They are asking the courts to hear the case as soon as
possible.
None of this is unexpected, nor does it constitute any change in Daishowa's
position: that they have a right to log lands which don't belong to them
and those of us who use their products do not have a right to be informed
about their activities.
Although it might appear to most observers that Daishowa is again
attempting to silence its critics using the Canadian courts, Daishowa
insists that it is in fact pursuing an amicable, negotiated solution to the
issue and that it would be wrong to consider their actions as anything
other than what is legally required of them.
Having just informed the Friends that Daishowa will not only be seeking an
injunction against them but will be asking the court to speed up the
process to shut them up faster, Mr Jervis informs the Friends that his
clients "trust that Friends of the Lubicon will not perceive the delivery
of the Notice of Appeal as any change in the position of Daishowa Inc. that
a negotiated resolution between Daishowa Inc. and Friends of the Lubicon is
in the best interests of all parties and will continue to be pursued."
Perhaps the fact that Daishowa tries to dress up aggressive legal action as
"negotiation" will help illustrate why it's hard for either the Lubicons or
their supporters to trust anything that Daishowa says.
_________________
May 12, 1998
Ms. Karen G. Wristen
Barrister and Solicitor
c/o Sierra Legal Defence Fund
300 - 106 Front Street East
Toronto, ON M5A 1E1
Dear Ms. Wristen:
Re: Daishowa Inc. v. Friends of the Lubicon et al
I enclose a copy of the Notice of Appeal which is served on you pursuant to
the Rules of Civil Procedure.
As you may be aware, our client announced its intention to appeal that
portion of the decision of Mr. Justice McPherson in which he refused to
grant a permanent injunction restraining the picketing and secondary
boycotting of the customers of Daishowa Inc. However, our clients held off
instructing us to file the Notice of Appeal pending the discussions which
were arranged with your clients, without legal counsel, to discuss the
possible resolution of all the issues involved in the boycott of Daishowa
Inc. As you are aware, a meeting was held on April 21, 1998 at which our
clients requested a standstill agreement while discussions took place. Your
clients refused to delay recommencing their boycott action. Our clients
continue to hope that a resolution of this matter may be possible.
A Notice of Appeal must be filed within 30 days of the release of Mr.
Justice McPherson's Reasons for Judgment. Our clients intend to request
that the appeal be expedited, given the nature of the permanent injunctive
relief with respect to picketing and secondary boycott conduct which was
requested at trial, but denied by Mr. Justice McPherson.
Our clients have also instructed us to advise you of their strong desire to
continue to pursue the prospect of a negotiated resolution of this matter.
As you know, they have publicly announced their recent request to DMI to
again consider all possible measures in the negotiations with the
government of Alberta which might lead to a resolution of the boycott
commenced by Friends of the Lubicon. Daishowa Inc. has continued to urge
DMI to take the necessary steps that it can which would lead to a
resolution of the issue. We are advised that DMI has continued to pursue
discussions with the Alberta government and that there is optimism that a
satisfactory resolution may be possible.
The Notice of Appeal is being served on you pursuant to the Rules of Civil
Procedure. Our clients trust that Friends of the Lubicon will not perceive
the delivery of the Notice of Appeal as any change in the position of
Daishowa Inc. that a negotiated resolution between Daishowa Inc. and
Friends of the Lubicon is in the best interests of all parties and will
continue to be pursued.
Yours very truly,
Peter R. Jervis