Background:

• Disputes arose from agreements on a coal mining project in northern BC, involving a Joint Venture Agreement (JVA) and a Coal Lease Option Agreement (Lease).
• The trial court found CCP breached the JVA, Cardero did not breach the JVA by surrendering land, but Cardero breached the Lease by not paying a $500,000 advance royalty.

Appeals:

1. CCP and PRP:
   • Alleged Cardero breached the JVA.
   • Contested the effectiveness of Cardero’s surrender notice.
   • Disputed the finding that CCP breached the JVA.
2. Cardero:
   • Challenged the trial court's cost awards.

Findings:

1. JVA Breach: The court upheld that Cardero did not breach the JVA; the judge correctly interpreted the contract and circumstances.
2. Surrender Notice: Cardero’s surrender notice effectively terminated the Lease.
3. CCP Breach: CCP breached the JVA by refusing to cooperate, as required under the agreement.
4. Costs:
   • Lease Action: PRP entitled to costs up to August 19, 2021; thereafter, each party bears its own costs.
   • JVA Action: Cardero entitled to costs for the JVA Action but not for defending the JVA Counterclaim.

Conclusion:

• CCP and PRP's Appeal: Dismissed.
• Cardero’s Cross Appeal: Allowed in part.
• Amount for costs for this specific case was not specified.