Case information
Consult our database for details on a Supreme Court of Canada case.
38834
IBC Advanced Technologies Inc. and Steven Izatt v. Ucore Rare Metals Inc.
(Nova Scotia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2020-07-31 | Close file on Leave | |
| 2020-04-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-04-17 | Judgment on leave sent to the parties | |
| 2020-04-16 |
Judgment of the Court on the application for leave to appeal, The motion for permission to file a sur-reply is dismissed. The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 487418, 2019 NSCA 80, dated October 9, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2020-04-16 |
Decision on the miscellaneous motion, See decision on application Dismissed |
|
| 2020-03-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-03-16 | Submission of miscellaneous motion, for consideration by the Court | |
| 2020-02-26 | Reply to miscellaneous motion, (Letter Form), Completed on: 2020-02-26 | Ucore Rare Metals Inc. |
| 2020-02-21 | Response to miscellaneous motion, (Letter Form), Completed on: 2020-02-21 | IBC Advanced Technologies Inc. and Steven Izatt |
| 2020-02-11 | Notice of miscellaneous motion, (Book Form), Motion to permit Sur-Reply, Completed on: 2020-02-11 | Ucore Rare Metals Inc. |
| 2020-02-03 | Other memorandum of argument on application for leave, (Letter Form), Sur-Reply | Ucore Rare Metals Inc. |
| 2020-01-30 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2020-01-30 | IBC Advanced Technologies Inc. and Steven Izatt |
| 2020-01-20 | Certificate (on limitations to public access), (Letter Form), 23A | Ucore Rare Metals Inc. |
| 2020-01-20 | Notice of name, (Letter Form) | Ucore Rare Metals Inc. |
| 2020-01-20 | Respondent's response on the application for leave to appeal, (Book Form), (5 volumes), Completed on: 2020-01-20 | Ucore Rare Metals Inc. |
| 2019-12-19 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2019-12-09 | Application for leave to appeal, (Book Form), Completed on: 2019-12-09 | IBC Advanced Technologies Inc. and Steven Izatt |
| 2019-10-18 | Order issued on motion for a stay of execution, by BROWN J. | |
| 2019-10-18 |
Decision on the motion for a stay of execution, Br, UPON APPLICATION by the applicants pursuant to section 65.1 of the Supreme Court Act and Rules 6 and 62 of the Rules of the Supreme Court of Canada for an order: 1) staying the order of the Supreme Court of Nova Scotia, Number 483216, 2019 NSSC 132, dated April 23, 2019, until fifteen (15) business days after the decision on the application for leave to appeal or, if leave to appeal is granted, until the appeal is disposed of; 2) staying the order of the Court of Appeal of Nova Scotia, Number CA 487418, 2019 NSCA 80, dated October 9, 2019, until fifteen (15) business days after the decision on the application for leave to appeal or, if leave to appeal is granted, until the appeal is disposed of; 3) staying the proceedings in the Supreme Court of Nova Scotia, Number 483216, until fifteen (15) business days after the decision on the application for leave to appeal or, if leave to appeal is granted, until the appeal is disposed of; 4) abridging the respondent’s deadline to serve and file a response to the motion for a stay of execution to October 17, 2019, 4 p.m., and the applicants’ deadline to serve and file a reply to the response to October 18, 2019, 12 p.m.; 5) in the alternative, for an interim order staying the order of the Court of Appeal of Nova Scotia, Number 487418, 2019 NSCA 80, dated October 9, 2019, pending the determination of the motion for stay of execution; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2019-10-18 | Submission of motion for a stay of execution, Br | |
| 2019-10-18 |
Correspondence received from, (Letter Form), Stewart Hayne and Caitlin Regan. With regards to the motion for a stay. |
Ucore Rare Metals Inc. |
| 2019-10-18 | Supplemental document, (Book Form), in support of motion for a stay | IBC Advanced Technologies Inc. and Steven Izatt |
| 2019-10-17 |
Correspondence received from, (Letter Form), Stewart Hayne and Caitlin Regan. With regards to the deadline for the filing of the response to the motion for a stay. |
Ucore Rare Metals Inc. |
| 2019-10-16 | Certificate (on limitations to public access), (Letter Form), 23A | IBC Advanced Technologies Inc. and Steven Izatt |
| 2019-10-16 | Notice of name, (Letter Form) | IBC Advanced Technologies Inc. and Steven Izatt |
| 2019-10-16 | Motion for a stay of execution, (Book Form), Completed on: 2020-03-17 | IBC Advanced Technologies Inc. and Steven Izatt |
| 2019-10-16 | Notice of application for leave to appeal, (Letter Form), Amended notice rec'd 2020-02-19, Completed on: 2019-12-19 | IBC Advanced Technologies Inc. and Steven Izatt |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| IBC Advanced Technologies Inc. and Steven Izatt | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ucore Rare Metals Inc. | Respondent | Active |
Counsel
Party: IBC Advanced Technologies Inc. and Steven Izatt
Counsel
Ryan Baxter
1969 Upper Water Street, Suite 1300
Purdy's Wharf Tower II
Halifax, Nova Scotia
B3J 2V1
Telephone: (902) 444-8509
FAX: (902) 425-6350
Agent
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: cbaxter@conwaylitigation.ca
Party: Ucore Rare Metals Inc.
Counsel
Caitlin Regan
1100-1959 Upper Water Street
Halifax, Nova Scotia
B3J 3N2
Telephone: (902) 421-6262
FAX: (902) 421-3130
Email: shayne@coxandpalmer.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
Courts — Jurisdiction — Attornment — Motion to dismiss or permanently stay Ucore’s amended claim on the basis that Nova Scotia did not have jurisdiction — Lower courts finding Supreme Court of Nova Scotia has jurisdiction — Whether a party can attorn in relation to claims that have not yet been filed with a court — Whether presumptive factor that the proceeding concerns a business carried on in the Province as contained in the Court Jurisdiction and Proceedings Transfer Act, S.N.S. 2003, c. 2, applies to jurisdiction where plaintiff carries on business, regardless of whether that business is the subject matter of proceeding?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicants, IBC Advanced Technologies Inc. and Mr. Izatt (“IBC”) manufacture products and develop processes incorporating minerals separation technology.
The respondent, Ucore Rare Metals Inc. and IBC entered into an agreement which granted Ucore an option to purchase IBC and its underlying technology (the Option Agreement). Ucore issued a press release advising the public of the existence of the Option Agreement. Subsequently, IBC issued its own press release stating that the Option Agreement had been mutually terminated and that Ucore had no right to purchase IBC. IBC’s press release set off a cascade of proceedings both in Nova Scotia and Utah, the first being a Notice of Application in Court filed in Nova Scotia by Ucore against IBC. The Notice of Application was amended by order.
IBC filed its materials challenging the jurisdiction of Nova Scotia over the amended claims. IBC confirmed it did not contest Nova Scotia’s jurisdiction over the original claims. The motion was dismissed. IBC appealed and the appeal was dismissed.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
2019 NSSC 132, 483216
Motion dismissed; Supreme Court of Nova Scotia has jurisdiction and IBC and Mr. Izatt, by their actions within the Nova Scotia court process have attorned.
Nova Scotia Court of Appeal
2019 NSCA 80, CA 487418
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available