Background:
Devon McCaw, the plaintiff, sued JDS Energy & Mining Inc., alleging a breach of their joint venture agreement and wrongful dismissal from his role as Chief Operating Officer of the company’s drilling and blasting division. McCaw claimed JDS breached a Letter of Intent (LOI) for the creation of a joint venture (NewCo) and wrongfully dismissed him in 2023. JDS countered that the LOI was non-binding and that McCaw voluntarily resigned.

Legal Issues:
Key issues included:

• Wrongful Dismissal: McCaw argued he was constructively dismissed after being excluded from key business decisions.
• Breach of Contract: He claimed JDS failed to honor their joint venture agreement.
• Fraudulent Misrepresentation: McCaw alleged JDS never intended to grant him an equity stake, as promised.
• Unjust Enrichment: He asserted JDS unjustly benefitted from his contributions without proper compensation.
• Conversion: McCaw accused JDS of wrongfully retaining his share of joint venture revenues.
• Passing Off: He claimed JDS improperly used his name and reputation in marketing after his dismissal.

Court Decision:
Associate Judge Bilawich dismissed JDS’s application to strike McCaw's claims. The court found that McCaw had pled reasonable claims, including for fraudulent misrepresentation, unjust enrichment, and passing off.

Costs:
McCaw succeeded in resisting the application. JDS was ordered to pay McCaw’s costs "in any event of the cause," though the exact amount was not specified.