Background: Orogenic Gold Corp. sued Richard Mill, its former president and CEO, for specific performance of a property option agreement related to mineral claims in British Columbia.
Key Issues:
Whether Orogenic could enforce the agreement to transfer mineral claims.
If Orogenic waived Mill's compliance with the transfer obligations.
The impact of the Limitation Act on the enforceability of the agreement.
Whether damages or specific performance were appropriate remedies.
Court Findings:
Mill breached the agreement by not executing transfers of the mineral claims to Orogenic.
Orogenic did not waive the requirement for Mill to transfer the claims.
The action was not barred by the Limitation Act, as the breach was discovered within the limitation period.
Specific performance was granted, compelling Mill to transfer the claims to Orogenic.
The deadline for Orogenic to complete a public transaction was extended due to the breach.
Mill was ordered to repay Orogenic for expenses related to a claim not included in the agreement.
Outcome: The court ordered specific performance for Mill to transfer the mineral claims to Orogenic and extended the deadline for Orogenic to complete a public transaction. Orogenic was awarded damages of $10,341.69 for the overpayment, plus interest and costs of the application and action.
