Yukon Zinc Corporation (Re), 2015 BCSC 1961
Yukon Zinc, the owner of the Wolverine Mine in the Yukon, commenced restructuring proceedings in March 2015 under the Companies' Creditors Arrangement Act (CCAA). This decision concerns the question of which court — B.C. or Yukon — should resolve the miners' lien claims advanced by two trucking companies in the insolvency proceedings.
The B.C. Court declined jurisdiction, finding the Yukon Court to be the more appropriate forum to determine issues arising under the Yukon Miners Lien Act, which the Court characterized as a unique piece of legislation that the Yukon courts have familiarity and expertise with. The stay was lifted, but only to resolve specific issues concerning lien validity and priority. Remaining issues, such as the quantum of the claims, remain to be determined within the CCAA process.
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