A Court of Queen’s Bench justice dismissed Embee Diamond’s case against the City of Prince in its entirety after finding there wasn’t enough evidence to grant an injunction.
Embee Diamonds was seeking an injunction to prevent the city from locking the company out of the building they were occupying at 1203 Central Avenue.
The dismissal was the latest in a protracted battle between the company, of which Coun. Evert Botha is Chief Operating Officer, and the City of P.A.
The dispute is in relation to $160,000 in unpaid taxes going back several years. Those taxes were owed to the city by MB and MFN Holdings Inc., in which Embee held a 40 per cent stake.
Peter Abrametz, Embee’s lawyer, argued the city didn’t follow legislation and prematurely booted the company from the building, citing a year-to-year lease with the holding company and a section of the landlord and tenant act. He also argued an arms-length landlord-tenant relationship between the holding company and Embee.
But Justice Danyliuk ruled that Embee didn’t provide enough evidence to grant the injunction.
He was also unhappy with the affadavits sworn by Evert Botha, and factual discrepencies between the statements.
Now tha the legal battle is over, both sides are looking to move on…
For more on this story please see the May 9 print or e-edition of the Daily Herald
