So YOW have now filed their defence to Hank's counterclaims. Denying all allegations. They also lodged affirmative defences, most notably (and this is from memory so) that even if they are found to be in breach of any of the allegations they have denied (a) any order for losses should be barred or limited due to earlier material breaches of the contracts by Whetstone (no specifics provided) and (b) any order for losses should be barred or limited because Whetstone has failed to attempt to mitigate losses (you can imagine my surprise that they are saying Hank hasn't mitigated his losses, given all those big time candy manufacturers JWest assured us are knocking down Hank's door).
So now this has been filed the next step should be setting a hearing date. YOW indicated in the announcement that the wrapper issue will be bifurcated with a hearing in May. I imagine the bigger contract issues will be set for some time quite a bit further down the track.
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