Lithium Royalty Corporation v. Orion Resource Partners
Lithium Royalty Corporation
Law Firm / Organization
Lenczner Slaght LLP
Orion Resource Partners
Orion Mine Finance Fund I
Alnitak Holdings, LLC
Orion Mine (Master) Fund I LLP
Bellatrix Ltd.
Trident Royalties PLC
Law Firm / Organization
Not Specified
Lithium Americas Corporation
Law Firm / Organization
Unrepresented

Overview:

  • LRC sued Orion for breach of contract related to royalty interests in the Thacker Pass lithium project.
  • The trial judge found a valid contract and allowed LRC to amend pleadings to add Orion entities.
  • Orion sought a stay pending appeal, which was partially granted.

Key Points:

  1. Background:

    • LRC claimed a contract with Orion to buy Thacker Pass royalty interests.
    • Orion sold part of these interests to Trident Royalties PLC, leading to litigation.
  2. Trial Judge's Decision:

    • Confirmed a valid contract between LRC and Orion.
    • Allowed additional Orion entities to be added as respondents.
    • Determined Orion had attorned to Ontario's jurisdiction.
  3. Stay Pending Appeal:

    • Orion’s request for a stay of the entire action was denied.
    • Partial stay granted for Bellatrix Ltd. and Orion Mine Finance (Master) Fund I LP to prevent enforcement actions without court approval.
  4. Irreparable Harm and Balance of Convenience:

    • No irreparable harm to Orion from continuing the proceedings.
    • Asset dissipation risk by Orion favored continuation of litigation for most respondents.
  5. Interests of Justice:

    • Emphasized efficient litigation and prevention of asset dissipation.
    • Costs of $10,000 awarded to LRC.

Conclusion:

  • Appeal by Orion is stayed pending trial outcome.
  • Partial stay granted for specific Orion entities, barring enforcement actions without court leave.
Court of Appeal for Ontario
M54588; COA-23-CV-1029
Civil litigation
$ 10,000
Applicant