DS Lawyers supports NeoTerrex Minerals Inc. in completing its Qualifying Transaction

On December 22, 2023, NeoTorrex Minerals Inc. (formerly Spitfyre Capital Inc.) – a private Canadian mineral exploration corporation focused on developing rare earth elements and lithium properties in Canada – announced the acquisition of all of the issued and outstanding securities of NeoTerrex Corporation.


The Transaction constituted the Company’s “Qualifying Transaction” (as defined by Policy 2.4 – Capital Pool Companies of the TSXV) and was completed according to the terms of an amalgamation agreement dated October 4, 2023, pursuant to which, among other things, the Company acquired all of the issued and outstanding securities of the Target by way of a three-cornered amalgamation with a wholly-owned subsidiary of the Company under the Canada Business Corporations Act. In connection with the completion of the Transaction, the Company has received final approval from the TSXV. Trading of the common shares of the Company resumed effective at the market open on January 9, 2024, under the symbol “NTX”.


Mr. Dale Burstall, a partner at DS Lawyers had the privilege of acting as legal counsel to NeoTerrex Corporation along with a team composed of Michael Ginevsky-partner, Adil Hirji-lawyer, and Thomas Heine – lawyer.


About NeoTerrex Minerals Inc.


The company is currently advancing its prospective rare earths and lithium projects located in the province of Quebec, with most of its activities focused on its Mount Discovery project. The subsidiary owns a 100-per-cent undivided interest in certain mineral claims located in southwestern Quebec constituting the Mount Discovery project. The property was acquired due to its rare earth elements potential.

DS Lawyers wins definitive victory in Turkish heavy plate case

On July 25, DS Lawyers Canada won a victory before the Federal Court of Appeal in a dispute between its client Erdemir and Algoma Steel Inc. The point at issue was a decision rendered by the Canada Border Services Agency (CBSA) in the context of an anti-dumping[1] investigation.

A lengthy anti-dumping investigation

On January 22, 2021, Erdemir was able to convince the CBSA that the heavy plate originating in or exported from Turkey had not been dumped. They successfully argued that a comparison of the total normal value with the total export price of heavy plate originating in Turkey resulted in a zero (0%) dumping margin for the company.

In the context of the anti-dumping investigation, DS Lawyers was able to satisfy the CBSA investigators that its dumping margin was at zero, while at the same time disproving Algoma Steel’s allegation that there was a particular situation in the Turkish heavy plate market that did not permit a proper comparison with sales to importers in Canada.

Dissatisfied with the CBSA President’s decision, Algoma Steel filed an application for judicial review. Algoma Steel argued that the CBSA’s internal memoranda and calculations had formed the basis of the CBSA’s preliminary decision and that the refusal to provide them constituted a breach of procedural fairness.

In its decision, the Federal Court of Appeal rejected Algoma Steel’s position and agreed with the arguments raised by the Attorney General of Canada and DS Lawyers that there could be no breach of procedural fairness given that the CBSA President had not relied on detailed CBSA memos to determine dumping margins. What was presented to the administrative decision-maker was an administrative report summarizing factual and general findings. However, the Court does point out that, if the specific calculations relating to the methodology used to investigate and reach a conclusion had been provided to the President of the CBSA, they should have been made available to the applicants.

It should be noted that, in the context of anti-dumping investigations, the legal regime governing CBSA investigations provides for one of the lowest thresholds of procedural fairness in Canada. The rules of procedure are designed to be expeditious, with no specific provisions for stays, motions or rights of appeal. The Special Import Measures Act requires the CBSA to make a final determination of dumping within six months of the initiation of an investigation, while at the same time carrying out a series of verifications on a number of companies around the world.

The Federal Court of Appeal affirmed the federal government’s position that the degree of justification, intelligibility and transparency in these types of proceedings is reasonable, and that making a change to that effect would result in delays and undermine the effectiveness of the CBSA’s investigative procedures at the national level,  contrary to the purpose of the law.

Key points to remember

The Federal Court of Appeal asserted that, although the CBSA conducts its investigations in a transparent manner, it is not obliged to provide the parties with its internal calculations, given the considerable volume of information and the complexity of the calculations generated for each exporter.

If you, your association or your company have any questions regarding trade remedies, anti-dumping and/or anti-subsidy procedures, or a dispute with the CBSA, please do not hesitate to contact the DS Lawyers team.

TEXTES RÉSEAUX SOCIAUX

Français

@Vincent Routhier et @Julien Hamel-Guilbert viennent de remporter une victoire définitive dans le cadre d’une enquête #antidumping, devant la Cour d’appel fédérale, au sujet d’une décision rendue par l’Agence des services frontaliers du Canada. Ce jugement préserve l’intégrité du processus décisionnel lorsque l’ASFC reconnaît définitivement que les entreprises n’ont pas pratiqué de dumping. Félicitations pour cette brillante victoire. Pour lire l’histoire, cliquez ici : (lien)

Anglais

@Vincent Routhier and @Julien Hamel-Guilbert have just won a definitive victory before the Federal Court of Appeal  regarding a decision rendered by the Canada Border Services Agency in connection with an #antidumping investigation. This ruling preserves the integrity of the decision-making process when the CBSA definitively acknowledges that the companies have not engaged in dumping. Congratulations on this brilliant victory! To read the story, click here: (link) PHOTO DE VINCENT

TEXTE INTERNE

Français

Félicitations à Vincent Routhier et Julien Hamel qui viennent de remporter une victoire définitive devant la Cour d’appel fédérale dans le cadre d’une enquête #antidumping, au sujet d’une décision rendue par l’Agence des services frontaliers du Canada. Ce jugement préserve l’intégrité du processus décisionnel lorsque l’ASFC reconnaît définitivement que les entreprises n’ont pas pratiqué de dumping.

Pour lire l’histoire, cliquez ici : (lien)

Anglais

Congratulations to Vincent Routhier and Julien Hamel, who have just won a definitive victory before the Federal Court of Appeal regarding a decision rendered by the Canada Border Services Agency in the context of an #antidumping investigation.. This ruling preserves the integrity of the decision-making process when the CBSA definitively acknowledges that companies have not engaged in dumping.

To read the story, click here: (link):


[1] “Dumping” refers to the difference between the weighted normal value of a good and its export price, expressed as a percentage. All subject goods shipped during an anti-dumping investigation period are included in the administrative authorities’ calculations. Where the total normal value of each good does not exceed the total export price of the goods, the dumping margin is zero.

Resounding Victory for Abuse of Process by DS Décarie Lawyers

Sophie-Anne Décarie, managing partner of the Gatineau office of DS Décarie Lawyers, successfully represented a group of defendants being sued by plaintiffs who claimed they had acquired part of the defendants’ lot by prescription. 

Ms. Décarie was not only successful in having the claim for acquisitive prescription dismissed, but secured a declaration for abuse of process and reimbursement of extrajudicial fees as well. The court also awarded $20,000 in punitive damages to deter the plaintiffs from continuing the behaviour deemed abusive and allowed the counterclaim for damages in the amount of $12,500 for trouble and inconvenience.

Such judgments are rare, making this an even greater source of pride. In fact, the court noted the quality of the work of the DS Décarie Lawyers team in the judgment itself. Thanks to the excellent work of Ms. Décarie and her team, the defendants are hoping this declaration of abuse of process will put an end to a legal saga that has gone on for some 20 years.

Congratulations to Sophie-Anne Décarie and her team on this great victory!

Class action victory for DS Décarie Lawyers

Sophie-Anne Décarie, managing partner of DS Décarie Lawyers in Gatineau, successfully represented Benoît Atchom Makoma, who had been wrongfully detained by the City of Gatineau in 2018, in a class action before the Superior Court of Québec.

Mr. Atchom Makoma was arrested by the Gatineau police and held in prison for 38 hours before being able to appear at the Montreal courthouse.

Thanks to the work of Ms. Décarie and her team, the parties ultimately settled for an amount of $4.3 million, or $3,730 for each of the 1,153 people identified who had similar experiences between 2017 and 2020.

The agreement also stipulates that the City will pay $130,000 to cover the management and publication costs associated with the settlement.

Droit-inc. also made the headlines in a recent article (in French only).

Congratulations to Sophie-Anne Décarie on this fine victory!

Our team assisted Evolugen in an agreement with the City of Gatineau

Our team at DS Décarie Lawyers in Gatineau helped Evolugen by Brookfield Power sign a long-term agreement to provide more recreational infrastructure in eastern Gatineau, including bike paths and trails.

Our partner, Sophie-Anne Décarie, had the privilege of representing the company in this important agreement.

Thanks to this agreement, the City of Gatineau will create a multi-purpose, recreational trail on the west side of the Lièvre River. Local residents will be able to enjoy a wide range of activities, including walking, cycling, cross-country skiing and snowshoeing.

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