Ken McEwan, K.C. and Eileen Patel successful in obtaining Leave to Appeal for Richmont Mines Inc.

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.