MINES AND MINERALS - Leases and licenses - Contracts

Law360 Canada ( October 3, 2025, 9:40 AM EDT) -- Appeal by Brad Paddison Contracting (BP Contracting) from decision of chambers judge dismissing its petition to enforce its lien. This appeal concerned the scope and registration of lien claims under the Miners Lien Act (MLA). BP Contracting registered a claim of lien for unpaid work supplied to the Minto Mine (the Mine). BP Contracting filed a petition to enforce its lien. It then obtained a certificate of pending litigation (CPL). The respondent, Sumitomo Canada Limited (Sumitomo), purchased approximately US$39 million worth of mineral concentrate produced by the Mine. Sumitomo did not conduct a search of the mineral claims and leases owned by mine operator, Minto Metals Corp. (Minto Metals) prior to completing the purchases and was therefore unaware of BP Contracting’s lien. Sumitomo commenced proceedings and obtained an order for the appointment of a receiver over Minto Metals. BP Contracting amended its petition to seek relief against Sumitomo. The chambers judge dismissed BP Contracting’s petition to enforce its lien against the mineral concentrate purchased by Sumitomo. The judge concluded BP Contracting had not provided sufficient information on its claim of lien form to provide effective notice of its lien. On appeal, BP Contracting argued the judge erred in her interpretation of s. 4(1)(d) of the MLA. Sumitomo sought to uphold the order on the basis the judge erred in concluding the lien still attached to the mineral concentrate after title to the concentrate transferred to Sumitomo....
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