On October 2, 2015, Yukon Zinc Corporation implemented a plan of compromise and arrangement funded by its parent company, Jinduicheng Canada Resources Corporation Limited. Shortly thereafter Yukon Zinc emerged from protection under the Companies’ Creditors Arrangement Act (“CCAA”).
The Yukon Zinc CCAA proceedings were significant as successful restructurings of mining companies are not common in today’s market. The CCAA proceedings included an “Executory Contract Identification Process” pursuant to which parties claiming executory contracts with Yukon Zinc had to “prove” their contract. This is a novel process and was carried out alongside a traditional claims process.
Yukon Zinc Corporation is a Canadian-based mining and exploration company operating the Wolverine Mine in Yukon, Canada.
Fasken Martineau advised Yukon Zinc with a team led by Kibben Jackson (insolvency & restructuring) and included Danielle Toigo (insolvency & restructuring), Fergus McDonnell (insolvency & restructuring), Clayton Jones (employment), Peter Finley (corporate), Robert Lonergan (mining and environmental), Kevin O’Callaghan (mining and environmental), Grant Foster (corporate), Edmond Luke (mining and real estate), Laura Smith (real estate and finance) and Brent Lewis (finance and insolvency & restructuring).