Law360 Canada ( December 9, 2025, 9:37 AM EST) -- Appeal by Young Chul Kim (Mr. Kim) and cross-appeal by Argo Ventures Inc. (Argo) from trial judge’s decision quantifying Mr. Kim’s entitlement under a development financing agreement related to the Olympic Village Project. The appeal and cross-appeal concerned an agreement made between Argo and one of its investors, Mr. Kim, whereby Mr. Kim agreed to provide additional financing to a mixed-use real estate development referred to as the Olympic Village Project (RSJV Agreement). The trial judge awarded Mr. Kim $34,543 based on a 1.4 per cent share of 25 per cent of the liquidation surplus, calculated after deducting the $8.5 million investment principal. The trial judge found the exclusionary clause unclear and severable, reasoning it was subsidiary to the core agreement and that severance preserved the parties’ intent to compensate RSJV investors for their financial assistance. Mr. Kim alleged the trial judge erred in interpreting the RSJV Agreement, resulting in an undervaluation of his share of the RSJV Liquidation Incentive. On cross-appeal, Argo argued the judge erred in severing the Incentives Exclusionary Clause from the agreement after finding it void for uncertainty. Argo contended that the clause was essential to determining which investors were entitled to receive incentives and that its uncertainty rendered the entire incentive scheme unenforceable. Mr. Kim argued that both grounds of appeal raised by Argo involved questions of contractual interpretation and that the standard of review was deferential....