April 13, 2018
In Richmont Mines Inc. v. Teck Resources Limited, Ken McEwan, K.C. and Eileen Patel successfully sought leave to appeal the award of an arbitrator on a matter of contractual interpretation. The court agreed that the arbitrator had made an extricable error of law in interpreting the contract at issue, which involved an agreement to pay a net smelter royalty on minerals extracted from lands mined by the petitioner. Accordingly, Richmont met the “high threshold” required for leave to appeal.