Ongoing litigation-related matters for Mount Polley Mining Corporation and Imperial Metals Corporation

We act for Mount Polley Mining Corporation (“MPMC”) and Imperial Metals Corporation in various matters arising out of the collapse of the Mount Polley tailings storage facility dam (the “TSF”) in August 2014. These matters include a claim on behalf of MPMC for recovery resulting from the collapse of the TSF, defence of proceedings commenced by several first nations, regulatory investigations and administrative proceedings and ongoing permitting and compliance, which resulted in a confidential settlement in 2020. Fasken advised MPMC and Imperial Metals with a team led by our late colleague Mark D. Andrews, QC, and included Brook Greenberg, Gavin Cameron, Robert Lonergan and Kaleigh Milinazzo. 

The team, compromised of Brook Greenberg, QC, Gavin Cameron, Kerry Kaukinen and Oliver Leung are currently responsible for addressing several litigation-related matters arising from the failure of the TSF in 2014, including regulatory issues, claims against Imperial Metals/MPMC’s engineers (completed in 2020) and their ongoing commercial arbitration matters.

Additionally, Gavin Cameron and Richard Berrow will lead an upcoming summary trial relating to a 100M insurance claim arising from the matter. 

Brook, Gavin and Oliver are also leading a confidential arbitration regarding claims by and against a dredging contractor regarding the tailings post-collapse.