Some days it sucks to be right.
This is outrageous!
APOS and F&W need a serious *sskicking!
As I mentioned, the courts can and DO make New Law.
The Alberta Government MUST step in as an intervener and fight this decision.
Mountain Ti,
Sorry, I take that back. I forgot that you are a proud supporter of game farming, paid access and the complete privitization of wildlife. You must be very happy with this court decision. You won this round.
http://www.calgarysun.com/2012/06/20...unting-permits
Quote:
TV’s Mantracker must turn over two valuable Alberta hunting permits to a U.S. businessman and relinquish four years of profits he made on them, a Calgary judge ruled Wednesday.
Court of Queen’s Bench Justice Bryan Mahoney said Bruce Morgan was the rightful owner of the Bighorn sheep hunting licences and was entitled to have them held by any qualified Alberta guide.
Mahoney ruled Chad Savage Lenz breached a trust agreement he had with Morgan to handle the permits on behalf of the Anchorage, Alaska, resident.
Lenz has held the permits since 2008 after he claimed Morgan breached their contractual deal the previous hunting season by transferring them to another Class S outfitter.
But Mahoney said trust agreements, signed by Lenz in 2002 and again in 2007, allowed Morgan to transfer the tags as he saw fit.
“This was not done (by Lenz) and by not doing what he was entrusted to do, Mr. Lenz breached his (trust) duty to Mr. Morgan,” Mahoney said.
The judge also ruled there was no lease agreement in place in 2007 for Lenz to hold the permits and use them to sell hunting trips to non-Alberta residents.
Lenz had countersued Morgan after the permits were transferred to outfitter Frank Simpson and the defendant was forced to cancel two hunting bookings for the fall for $20,000 and $25,000 respectively.
“Mr. Morgan can rely on the trust declaration … permitting him to transfer the sheep (hunting) allotment to Mr. Simpson,” Mahoney said.
Because that wasn’t done, Lenz, who took over as the star of OLN’s Mantracker last month, was able to earn profits on the permits which should have gone to Morgan, he said.
The judge ordered Lenz to pay Morgan the money he earned between 2008 and 2011 on the tags.
Morgan’s lawyers, Teddy Nobles and Colin Roberts, estimate that will likely exceed $100,000.
Lenz, who lives in Caroline, Alta., said he will appeal the decision, saying it sets a bad precedent in allowing non-residents to control the lucrative hunting allotments.
“What I’m still saying is that an American can’t hold the permits,” Lenz told the Sun.
“I’ve already made an appointment with the (environment) minister and we will be appealing the judgement.”
|