In an insolvency-related appeal concerning a mining company restructuring, the appellants argued that the purchaser acquired the benefit of all confidentiality agreements, including those relating to a foreign mining property.
The court held that the agreement limited transferred rights to agreements relating to assets that pertained directly to the future operation of the Faro Property and Faro Equipment.
Information and causes of action concerning the Kassandra Mines were excluded assets and did not pass under the agreement.
The appeal was dismissed with costs, and the cross-appeal was withdrawn without costs.