This appeal concerned the interpretation of a "life of mine" supply contract for sodium cyanide used in gold mining.
The appellants, Kinross Gold Corporation and its subsidiaries, sought a declaration that their contract with the respondent, Cyanco Company, LLC, for liquid sodium cyanide did not prevent them from sourcing solid sodium cyanide elsewhere.
The trial judge dismissed Kinross's action, concluding that the contract obligated Kinross to purchase sodium cyanide exclusively from Cyanco if the mines were operating and required liquid sodium cyanide.
The Court of Appeal upheld the trial judge's decision, finding no extricable error of law or palpable and overriding error in the interpretation of the contract, the consideration of surrounding circumstances, the application of related contracts principles, or the assessment of commercial reasonableness.
The appeal was dismissed with costs awarded to the respondent.
