Nagle v Alluvium
Alluvium Gold Mining Inc.
Law Firm / Organization
Owen Bird Law Corporation
Lawyer(s)

George J. Roper

Marshal Thompson
Law Firm / Organization
Owen Bird Law Corporation
Lawyer(s)

George J. Roper

Tammy Benz
Law Firm / Organization
Owen Bird Law Corporation
Lawyer(s)

George J. Roper

Richard Nagle
Law Firm / Organization
Austring Fairman & Fekete
Lawyer(s)

Arthur A. Mauro

- Parties: The petitioner was Richard Nagle. The respondents were Alluvium Gold Mining Inc., Marshal Thompson, and Tammy Benz. 

- Subject Matter: This case arose from a mining venture gone wrong. The parties collectively mined their claims from about 2017–20. They spent a significant amount of money on equipment and gas and used Alluvium Gold Mining Inc. to enter into various agreements for the venture. The gold that the parties found was inadequate to compensate for their costs or to make a profit. After the parties’ relationship soured, the petitioner filed a petition against the respondents. Alleging that their business was a partnership, he sought its dissolution and ancillary orders, including for the division of the partnership funds among the parties. 

- Ruling: The court declared that the respondent held a third of Alluvium’s shares currently existing in trust for the petitioner. The court ordered Alluvium to immediately transfer the shares held in trust to the petitioner and to take all the steps needed to amend corporate records to reflect that he was a shareholder as of the date that the corporation was renamed Alluvium. The court concluded that the business was not a partnership. The court found that the mine was run by Alluvium, not run by a partnership. 

- Date: The court released its decision on Nov. 21, 2024. 

- Venue: This was a case before the Supreme Court of Yukon. 

- Amount: The court noted that costs could be discussed in case management if the parties could not agree.

Supreme Court of Yukon
S.C. No.21-A0110
Corporate & commercial law
$ 0
Other