In 2017 Prism Resources, a BC based company, filed an action against Detour Gold Corporation, an Ontario company, in the BC Supreme Court. It claimed it had a valid and enforceable 7.5% ""net profit interest"" in two properties, located in Ontario, and owned by Detour.
We represented Detour and brought an application to stay the proceedings on the basis of forum non conveniens (and that Ontario was the more appropriate jurisdiction). In an important and nuanced exploration of conflicts of laws, and the foreign immovables rule, the Court agreed with Detour’s position, and in reasons indexed at 2018 BCSC 1416, granted the stay the proceedings, concluding that Ontario was the more appropriate forum.
Fasken represented Detour with a team led by Tracey M. Cohen and included Rachel Schechter.