Despite the Supreme Court of British Columbia’s (the “Court”) decision in Yukon Zinc, arguments were raised on the Court’s jurisdiction to hear and determine issues under the Yukon Miners Lien Act and Quartz Mining Act. Here, a priority battle arose between Minto, the Yukon Government and several lienholders, each of whom asserted varying interests in the Concentrates. The Court affirmed its jurisdiction to hear the matter and Sumitomo obtained interim orders authorizing it to begin moving Concentrate off site pending the determination of the priority battle. Given the short window in which transport of the Concentrate was possible, the interim orders were necessary on an urgent basis to ensure that the Concentrate would not be left at the mine pending final determination of the priority battle.
The Company attempted to obtain an initial order under the Companies’ Creditor Arrangement Act, which would have allowed it to undertake a sale process in respect of the mine. Ultimately, the Receiver was appointed, by consent, and the matter was transferred to Yukon Supreme Court. The sale process being conducted by the Receiver is ongoing.
Jurisdiction
- Canada
