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Government of Nunavut pays C$1.95 million in tax rebates to Agnico Eagle Mines

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Agnico Eagle Mines Limited

On October 30, 2014, Nunavut Court Justice Andrew Mahar ordered the Government of Nunavut (the GN) to pay C$1.95 million in fuel rebates owed to Agnico Eagle Mines Ltd., (AEM). AEM owns the Meadowbank gold mine in Nunavut’s central Kivalliq region. The GN previously tried to deny AEM of this rebate after changing the annual cut-off date for rebate applications without informing AEM, which resulted in a late application. The GN had not only failed to inform AEM, the only party currently effected by these regulations, but also failed to add reference to the new deadline in their written guidelines. In his judgement, Justice Mahar found that the obligation of the government to keep the taxpayer (AEM) informed was particularly stark in this case as the change to the deadline affected only AEM, the impact was significant, the relationship between AEM and the GN was ongoing and the effort required to inform AEM was minimal. For these reasons, Justice Mahar ruled that AEM is entitled to the full amount of the rebates. Fasken Martineau advised AEM with a team that included Peter Mantas, Jean M. Gagné and Alexandra Logvin.



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