Law360 Canada ( November 26, 2024, 10:42 AM EST) -- Appeal by Mill from chambers judge’s order of specific performance, requiring Mill to transfer title to mineral claims to Orogenic Gold Corporation Ltd. (Orogenic), and extending term of option agreement (agreement) for five years. In 2016 and 2017, Mill acquired title to four mineral tenures in Northwestern British Columbia (mineral claims). He incorporated Orogenic to hold the mineral claims and to pursue an initial public offering (IPO) on a Canadian stock exchange. Mill was Orogenic's sole director, President, and CEO. Mill and Orogenic entered into an agreement where Orogenic would obtain the sole, exclusive, and irrevocable right and option to acquire a 100 per cent right, title, and interest in the mineral claims in exchange for shares of Orogenic having been issued to Mill. Upon execution of the agreement, Orogenic would issue the shares to Mill and he would transfer title to the mineral claims to Orogenic. Mill conceded that he did not transfer title to the Mineral Claims to Orogenic, despite approving the agreement and the issuance of Orogenic shares to himself. Orogenic commenced the present action in November 2022 and applied for summary trial. The chambers judge found that Mill breached the agreement by failing to transfer title to the mineral claims to Orogenic and ordered specific performance. Mill submitted that the chambers judge failed to consider, or failed to sufficiently consider, whether damages would be an adequate remedy....