Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
39940
Kaban Resources Inc. v. Goldcorp Inc., et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-08-10 | Close file on Leave | |
| 2022-08-10 | Correspondence (sent by the Court) to, all parties, Re: certificate of taxation | |
| 2022-08-08 | Certificate of taxation issued to, Peter J. Roberts, Q.C. | |
| 2022-08-08 | Decision on the bill of costs, in the amount of $983.14, Reg | |
| 2022-08-08 | Submission of the bill of costs, Reg | |
| 2022-06-15 | Bill of costs, Completed on: 2022-08-10 | Goldcorp Inc. |
| 2022-04-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-28 | Judgment on leave sent to the parties | |
| 2022-04-28 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA47032, 2021 BCCA 427, dated October 15, 2021 is dismissed with costs. Dismissed, with costs |
|
| 2022-02-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-04 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-02-17, (Printed version filed on 2022-02-04) | Kaban Resources Inc. |
| 2022-01-28 | Notice of name, (Printed version filed on 2022-02-24) | Goldcorp Inc. |
| 2022-01-28 | Certificate (on limitations to public access), (Printed version filed on 2022-02-24) | Goldcorp Inc. |
| 2022-01-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-17, (Printed version filed on 2022-02-24) | Goldcorp Inc. |
| 2022-01-05 | Correspondence received from, (Letter Form), Final order submitted for entry on Dec 16, 2021, (Printed version due on 2022-01-12) | Kaban Resources Inc. |
| 2021-12-17 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2021-12-17 | |
| 2021-12-08 | Notice of name, (Letter Form), (Printed version filed on 2021-12-08) | Kaban Resources Inc. |
| 2021-12-08 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-12-08) | Kaban Resources Inc. |
| 2021-12-08 |
Application for leave to appeal, (Book Form), Require : Court of Appeal Order (rec'd 2022-01-13) , Completed on: 2022-02-25, (Printed version filed on 2021-12-08) |
Kaban Resources Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Kaban Resources Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Goldcorp Inc. | Respondent | Active |
| Goldcorp Holdings (Barbados) Ltd. | Respondent | Active |
| Guatemala Holdings (Barbados) Limited | Respondent | Active |
Counsel
Party: Kaban Resources Inc.
Counsel
1117 – 808 Nelson Street
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 682-3871
FAX: (604) 682-3704
Email: rgibbens@laxtonco.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Goldcorp Inc.
Counsel
Alexandra Cocks
Connor Bildfell
Cathedral Place
925 West Georgia Street, Suite 1600
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 631-9158
FAX: (604) 669-1620
Email: proberts@lawsonlundell.com
Party: Goldcorp Holdings (Barbados) Ltd.
Counsel
Miranda Lam
Alexandra Cocks
Cathedral Place
925 West Georgia Street, Suite 1600
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 631-9158
FAX: (604) 669-1620
Email: proberts@lawsonlundell.com
Party: Guatemala Holdings (Barbados) Limited
Counsel
Miranda Lam
Alexandra Cocks
Cathedral Place
925 West Georgia Street, Suite 1600
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 631-9158
FAX: (604) 669-1620
Email: proberts@lawsonlundell.com
Summary
Keywords
Contracts — Breach — Repudiation — Should pre contractual evidence be admissible in interpreting a contract — Under what conditions and circumstances should this type of evidence be admissible — How is an entire agreement clause to be interpreted.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant purchaser and the respondent vendors entered into a letter agreement for the purchase of an undeveloped gold silver mine in Guatemala. After having difficulty satisfying its obligation to obtain financing, the applicant informed the respondents that it had entered into an agreement with a third party. Subject to the respondents’ consent, the third party would provide financing in exchange for control of the purchaser, participation in the project and other terms and conditions. When the respondents rejected the proposed terms, the applicant treated it as a repudiation of the original agreement and filed a notice of civil claim against the respondents. The respondents applied for dismissal of the claim. The Supreme Court of British Columbia granted the respondents’ application and dismissed the applicant’s claim. The Court of Appeal for British Columbia dismissed the appeal.
Lower court rulings
Supreme Court of British Columbia
2020 BCSC 1307, S165822
Respondents’ application for a judgment dismissing the applicant’s claim granted; Applicant’s claim dismissed.
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 427, CA47032
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available