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.
35026
Sattva Capital Corporation (formerly Sattva Capital Inc.) v. Creston Moly Corporation (formerly Georgia Ventures Inc.)
(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) |
|---|---|---|
| 2014-08-05 | Appeal closed | |
| 2014-08-05 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-08-05 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-08-01 |
Judgment on the appeal rendered, CJ LeB Abe Ro Mo Ka Wa, The appeal from the judgments of the Court of Appeal for British Columbia (Vancouver), Numbers CA037382, 2010 BCCA 239 and CA039064, 2012 BCCA 329, dated May 14, 2010 and August 7, 2012, heard on December 12, 2013, is allowed with costs throughout. The arbitrator’s award is reinstated. Allowed, with costs |
|
| 2013-12-24 | Transcript received, (88 pages) | |
| 2013-12-12 | Judgment reserved OR rendered with reasons to follow | |
| 2013-12-12 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2013-12-12 |
Hearing of the appeal, 2013-12-12, CJ LeB Abe Ro Mo Ka Wa Judgment reserved |
|
| 2013-12-12 | Intervener's condensed book, (Book Form), filed in Court | BCICAC Foundation |
| 2013-12-12 | Intervener's condensed book, (Book Form), filed in Court | Attorney General of British Columbia |
| 2013-12-12 | Respondent's condensed book, (Book Form), Filed in Court | Creston Moly Corporation (formerly Georgia Ventures Inc.) |
| 2013-12-12 | Appellant's condensed book, (Book Form), filed in Court | Sattva Capital Corporation (formerly Sattva Capital Inc.) |
| 2013-12-04 | Correspondence received from, Emailed letter dated 2013-12-04, from Yael Wexler for BCICAC, re.: she will be replacing Ms. Victor as agent. | BCICAC Foundation |
| 2013-11-28 | Supplemental document, Joint - Intervener's Supplemental book of authorities, Completed on: 2013-11-29 | Attorney General of British Columbia |
| 2013-11-25 | Notice of appearance, Darrell W. Roberts, Q.C. and David Mitchell will be present at the hearing. Mr. Roberts, Q.C. will present oral argument. | Creston Moly Corporation (formerly Georgia Ventures Inc.) |
| 2013-11-19 | Notice of appearance, David Witherspoon and Gavin Cameron will be present at the hearing. Mr. Witherspoon will present oral argument. | BCICAC Foundation |
| 2013-11-19 | Notice of appearance, Michael Feder and Tammy Shoranick will be present at the hearing. Mr. Feder will present oral argument. | Sattva Capital Corporation (formerly Sattva Capital Inc.) |
| 2013-11-15 | Notice of appearance, Jonathan Eades and Micah Weintraub will be appearing and Mr. Eades will make oral submission | Attorney General of British Columbia |
| 2013-11-04 |
Order by, Ro, FURTHER TO THE ORDER dated September 4, 2013, granting leave to intervene to the Attorney General of British Columbia and the BCICAC Foundation; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2013-10-30 | Intervener's book of authorities, Completed on: 2013-10-30 | Attorney General of British Columbia |
| 2013-10-30 | Intervener's factum, Completed on: 2013-10-30 | Attorney General of British Columbia |
| 2013-10-30 | Intervener's book of authorities, Completed on: 2013-10-30 | BCICAC Foundation |
| 2013-10-30 | Intervener's factum, Completed on: 2013-10-30 | BCICAC Foundation |
| 2013-09-09 | Notice of hearing sent to parties | |
| 2013-09-04 | Order on motion for leave to intervene, (BY ROTHSTEIN) | |
| 2013-09-04 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Attorney General of British Columbia and the BCICAC Foundation for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Attorney General of British Columbia and the BCICAC Foundation are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 30, 2013. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners ares not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention Granted |
|
| 2013-09-04 | Submission of motion for leave to intervene, Ro | |
| 2013-08-28 | Appeal perfected for hearing | |
| 2013-08-27 | Respondent's book of authorities, (Book Form), Completed on: 2013-08-27 | Creston Moly Corporation (formerly Georgia Ventures Inc.) |
| 2013-08-27 | Respondent's factum, (Book Form), Completed on: 2013-08-27 | Creston Moly Corporation (formerly Georgia Ventures Inc.) |
| 2013-08-21 |
Appeal hearing scheduled, 2013-12-12 Judgment reserved |
|
| 2013-08-09 | Response to the motion for leave to intervene, (Letter Form), from Darrell W. Roberts, Q.C. dated Aug 9/13 (response to AG BC and BCICAC), Completed on: 2013-08-09 | Creston Moly Corporation (formerly Georgia Ventures Inc.) |
| 2013-08-07 | Response to the motion for leave to intervene, (Letter Form), from Michael Feder dated Aug. 7/13, Completed on: 2013-08-07 | Sattva Capital Corporation (formerly Sattva Capital Inc.) |
| 2013-07-30 | Motion for leave to intervene, Completed on: 2013-07-30 | Attorney General of British Columbia |
| 2013-07-29 | Intervener's book of authorities, (Book Form), on motion for leave to intervene, Completed on: 2013-07-29 | BCICAC Foundation |
| 2013-07-29 | Motion for leave to intervene, (Book Form), Completed on: 2013-07-29 | BCICAC Foundation |
| 2013-07-02 | Appellant's book of authorities, Completed on: 2013-07-02 | Sattva Capital Corporation (formerly Sattva Capital Inc.) |
| 2013-07-02 | Appellant's record, (2 volumes), Completed on: 2013-07-02 | Sattva Capital Corporation (formerly Sattva Capital Inc.) |
| 2013-07-02 | Appellant's factum, Completed on: 2013-07-02 | Sattva Capital Corporation (formerly Sattva Capital Inc.) |
| 2013-04-08 | Notice of appeal, Completed on: 2013-04-08 | Sattva Capital Corporation (formerly Sattva Capital Inc.) |
| 2013-03-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-03-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-03-08 | Judgment on leave sent to the parties | |
| 2013-03-07 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgments of the Court of Appeal for British Columbia (Vancouver), Numbers CA037382, 2010 BCCA 239 and CA039064, 2012 BCCA 329, dated May 14, 2010 and August 7, 2012, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2013-03-07 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2013-01-14 | All materials on application for leave submitted to the Judges, F Ro Mo | |
| 2013-01-14 | Submission of motion to extend time to file and/ or serve the leave application, Completed on: 2013-01-14, F Ro Mo | |
| 2012-11-14 | Applicant's reply to respondent's argument, (Letter Form), (from Herman Van Ommen, dated Nov.13/12, by fax), Completed on: 2012-11-14 | Sattva Capital Corporation (formerly Sattva Capital Inc.) |
| 2012-11-09 | Order on miscellaneous motion, (in motion record) | |
| 2012-11-09 |
Decision on the miscellaneous motion, Reg, to file a single leave application from two judgments of the B.C. Court of Appeal File Numbers CA037382 dated May 14, 2010 and CA039064 dated August 7, 2012 Granted |
|
| 2012-11-09 | Submission of miscellaneous motion, Reg | |
| 2012-11-05 | Response to the motion to extend the time to file and / or serve the leave application, (included in the response), Completed on: 2012-11-05 | Creston Moly Corporation (formerly Georgia Ventures Inc.) |
| 2012-11-05 | Respondent's response on the application for leave to appeal, Completed on: 2012-11-05 | Creston Moly Corporation (formerly Georgia Ventures Inc.) |
| 2012-10-16 | Response to miscellaneous motion, (included in motion book), Completed on: 2012-10-16 | Creston Moly Corporation (formerly Georgia Ventures Inc.) |
| 2012-10-16 | Notice of miscellaneous motion, (Book Form), to file a single leave application from two judgments of the B.C. Court of Appeal File Numbers CA037382 dated May 14, 2010 and CA039064 dated August 7, 2012, Completed on: 2012-10-16 | Sattva Capital Corporation (formerly Sattva Capital Inc.) |
| 2012-10-15 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2012-10-09 | Book of authorities | Sattva Capital Corporation (formerly Sattva Capital Inc.) |
| 2012-10-09 | Motion to extend the time to file and or serve the application for leave to appeal, (included in the application), Completed on: 2012-10-09 | Sattva Capital Corporation (formerly Sattva Capital Inc.) |
| 2012-10-09 | Application for leave to appeal, Motion to join 2 orders required (rec'd Oct.16/12), Completed on: 2012-10-16 | Sattva Capital Corporation (formerly Sattva Capital 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 |
|---|---|---|
| Sattva Capital Corporation (formerly Sattva Capital Inc.) | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Creston Moly Corporation (formerly Georgia Ventures Inc.) | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| BCICAC Foundation | Intervener | Active |
Counsel
Party: Sattva Capital Corporation (formerly Sattva Capital Inc.)
Counsel
Michael A. Feder
Tammy Shoranick
P.O. Box 10424, Pacific Centre
1300 - 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-7100
FAX: (604) 643-7900
Email: hvanommen@mccarthy.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Creston Moly Corporation (formerly Georgia Ventures Inc.)
Counsel
David Mitchell
1000 - 840 Howe Street
Robson Court
Vancouver, British Columbia
V6Z 2M1
Telephone: (604) 643-1280
FAX: (604) 643-1200
Email: droberts@millerthomson.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: BCICAC Foundation
Counsel
Gavin R. Cameron
Tina M. Cicchetti
2900-550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-3131
FAX: (604) 631-3232
Email: dwotherspoon@fasken.com
Agent
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.com
Party: Attorney General of British Columbia
Counsel
Micah Weintraub
1001 Douglas Street, 3rd floor
Legal Services Branch
Victoria, British Columbia
V8W 9J7
Telephone: (250) 387-2789
FAX: (250) 953-3557
Email: jonathan.eades@gov.bc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Summary
Keywords
None.
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.
Contracts — Interpretation — Finder’s fee agreement — Arbitration — Administrative law — Appeals — When, if ever, is the court hearing an appeal of an arbitral award bound by determinations made on the application for leave to appeal? — Where leave to appeal an arbitral award has been granted on a question of law, may the court disregard the arbitrator’s findings of fact in answering that question?
The applicant (“Sattva”) introduced the respondent (“Georgia”) to a potential molybdenum mining deposit in Mexico, which Georgia ultimately purchased. Sattva and Georgia had entered into a Finder’s Fee Agreement effective January 12, 2007. The parties agreed a finder’s fee of $1.5 million U.S. was payable under the Agreement as a result of Sattva’s involvement in introducing Georgia to the mining property but could not agree how the amount of the fee would be payable to Sattva. Georgia took the position that the finder’s fee should be paid in shares valued at $0.70 each, while Sattva maintained the fee should be paid in $0.15 shares.
The matter proceeded to arbitration, and the arbitrator assessed damages in the amount of $4,140,000 against Georgia for breach of contract. The amount awarded was based on the arbitrator’s conclusion there was an 85% probability the TSX Venture Exchange would, pursuant to its policies, have valued the finder’s fee at $0.15 per share under the terms of the Agreement and that Sattva had lost an opportunity to sell those shares based on that value. The chambers judge denied Georgia’s application for leave to appeal the award because it was his view that Georgia’s grounds of appeal were not limited to questions of law alone, as required by s. 31(2) of the Commercial Arbitration Act, R.S.B.C. 1996, c. 55. The British Columbia Court of Appeal overturned that decision, and granted leave to appeal on two issues of law regarding the interpretation of the Agreement. That appeal was dismissed. The British Columbia Court of Appeal allowed Georgia’s appeal of that decision, and granted an order that the finder’s fee had been paid.
Lower court rulings
Supreme Court of British Columbia
S091139, 2009 BCSC 1079
Leave to appeal award of arbitrator denied
Court of Appeal for British Columbia (Vancouver)
CA037382, 2010 BCCA 239
Appeal allowed
Supreme Court of British Columbia
S103761, 2011 BCSC 597
Appeal dismissed
Court of Appeal for British Columbia (Vancouver)
CA039064, 2012 BCCA 329
Appeal allowed
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