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City councillor’s diamond company loses appeal

Sep 29, 2017 | 5:00 PM

A diamond company operated by a Prince Albert city councillor has lost another legal battle.

Belgian diamond wholesaler I.D.H. Diamonds NV is seeking to recover a debt from Prince Albert’s Embee Diamond Technologies Inc., claiming the company failed to pay $732,000 for diamonds supplied by I.D.H.

Embee attempted to have the claim struck by the courts, arguing the statute of limitations expired, but the debt was upheld by Justice Donald Layh in June.

Embee then took that ruling to the Saskatchewan Court of Appeal. Court document reveal that case was dismissed earlier this month and the initial ruling upheld.

“… the limitation period had not expired,” Justice Neal Caldwell wrote in the ruling. “As such, we find no reason to set aside the Chambers judge’s decision.”

Caldwell also upheld the court’s earlier ruling which said emails between the two companies met the legal definitions of “signed” documents “in writing.”

Prince Albert’s Ward 3 City Councillor Evert Botha is the chief operating officer of Embee. Botha declined to comment on the most recent decision, saying paNOW could speak with the company’s lawyer on Monday.

 

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