Case information
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41746
Canada Mining Exchange Company Limited v. Zhaojin Mining Industry Co. Ltd., et al.
(Ontario) (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) |
|---|---|---|
| 2025-09-19 | Close file on Leave | |
| 2025-09-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-09-18 | Judgment on leave sent to the parties | |
| 2025-09-18 |
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 Ontario, Number COA-24-CV-0697, 2025 ONCA 136, dated February 21, 2025, is dismissed with costs to Zhaojin Mining Industry Co. Ltd. and Zhaojin International Mining Co. Ltd. in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2025-08-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-14 |
Applicant's reply to respondent's argument, (Book Form), Missing: - Proof of service (Rec'd 2025-05-16), Completed on: 2025-05-16 |
Canada Mining Exchange Company Limited |
| 2025-05-06 | Notice of name, (Letter Form), (Printed version filed on 2025-05-08) | Zhaojin Mining Industry Co. Ltd. |
| 2025-05-06 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-05-08) | Zhaojin Mining Industry Co. Ltd. |
| 2025-05-06 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 2025-05-08), Completed on: 2025-05-07, (Printed version filed on 2025-05-08) |
Zhaojin Mining Industry Co. Ltd. |
| 2025-04-11 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-04-11) | Canada Mining Exchange Company Limited |
| 2025-04-11 | Notice of name, (Letter Form), (Printed version filed on 2025-04-11) | Canada Mining Exchange Company Limited |
| 2025-04-07 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-03-31 |
Application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 2025-04-11) - Public Access to Information Form (Rec'd 2025-04-11) - Notice of name (Rec'd 2025-04-11), Completed on: 2025-04-11, (Printed version filed on 2025-04-10) |
Canada Mining Exchange Company Limited |
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 |
|---|---|---|
| Canada Mining Exchange Company Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Zhaojin Mining Industry Co. Ltd. | Respondent | Active |
| Zhaojin International Mining Co. Ltd. | Respondent | Active |
| Zhaojin Principle Mining Investment Inc. | Respondent | Active |
Counsel
Party: Canada Mining Exchange Company Limited
This party is not represented by counsel.
Party: Zhaojin Mining Industry Co. Ltd.
Counsel
181 Bay Street, Suite 2100
Toronto, Ontario
M5J 2T3
Telephone: (416) 865-6914
FAX: (416) 863-6275
Email: Jim.Holloway@bakermckenzie.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Zhaojin International Mining Co. Ltd.
Counsel
181 Bay Street, Suite 2100
Toronto, Ontario
M5J 2T3
Telephone: (416) 865-6914
FAX: (416) 863-6275
Email: Jim.Holloway@bakermckenzie.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Zhaojin Principle Mining Investment Inc.
Counsel
Brookfield Place,181 Bay Street, Suite 4400
Toronto, Ontario
M5J 2T3
Telephone: (416) 865-7000
FAX: (416) 865-7048
Email: anthony.labib@mcmillan.ca
Summary
Keywords
Judgments and orders — Summary judgment — Evidence — Whether the judge failed to perform the obligations of providing sufficient evaluation and explanation of critical evidence, resulting in judicial unfairness — Whether the judge overlooked critical evidence — Whether the evidence presented is contrary to the final order.
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, Canada Mining Exchange Company Limited (“CME”), entered into an agreement with one of the respondents, Zhaojin Mining Company Limited (“Zhaojin Mining”). Pursuant to the agreement, CME would introduce Zhaojin Mining to certain business opportunities. If Zhaojin Mining pursued any of the opportunities, CME was entitled to a commission. The agreement contained a confidentiality clause that prevented Zhaojin Mining from communicating with any companies to which they were introduced without CME’s permission.
Prior to signing the agreement, CME sent unsolicited information to Zhaojin Mining about Sabina Gold and Silver Corp. (“Sabina”). Two days after signing its contract with Zhaojin Mining, CME sent a publicly available report on Sabina to Zhaojin Mining. Five years later, a transaction between Zhaojin Mining and Sabina took place. CME claimed that it had introduced Zhaojin Mining to Sabrina and was therefore entitled to a commission of $8,080,000.
Zhaojin Mining and two related companies brought a motion for summary judgment seeking dismissal of CME’s claim. The motion judge granted the motion and the Court of Appeal dismissed the subsequent appeal.
Lower court rulings
Respondent’s motion for summary judgment granted; Applicant’s action dismissed
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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