- Parties: The plaintiff was Libei Cheng. The defendants were Glencore plc (in its own capacity and as successor by merger to Katanga Mining Limited), Hugh Stoyell, and Robert Wardell. 

- Subject Matter: The plaintiff commenced proceedings against the defendants. He sought relief principally in oppression under s. 243 of the Yukon’s Business Corporations Act, 2002. In Cheng v Glencore plc, 2024 YKSC 27, the defendants successfully applied to dismiss the plaintiff’s claim. The plaintiff’s appeal of that decision was pending. The plaintiff also requested a reconsideration of the application to dismiss. The issue in this matter was whether the Yukon had subject-matter jurisdiction. 

- Ruling: The court ruled in the defendants’ favour and dismissed the plaintiff’s application for reconsideration. Declining to reconsider the application would not be a miscarriage of justice since a reconsideration would simply be an appeal in disguise in the circumstances, the court said. The issues could be argued before the Court of Appeal of Yukon, the court added. The court also determined that the Business Corporations Act applied only to corporations incorporated in the Yukon, not to corporations incorporated in the Yukon but discontinued and incorporated elsewhere. This court concluded that, because neither the defendants nor the other corporations that the plaintiff implicated in the proceedings were incorporated in the Yukon, it lacked jurisdiction over the dispute.

- Date: The court released its decision on Nov. 8, 2024. 

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

- Amount: No financial award was specified.