In Barrick Gold Corp. v. Goldcorp Inc., 2012 ONSC 3725, Barrick Gold Corporation (Barrick) alleged that Xstrata Copper Chile S.A. (Xstrata) breached an agreement to sell Barrick a 70 interest in a Chilean mining project (El Morro Project). Xstrata sold its 70 interest to Datawave Sciences Inc. (Datawave), a subsidiary of New Gold Inc. (New Gold), "pursuant to the exercise of a right of first refusal set out in a shareholders agreement" between Datawave and Xstrata. Id. para. 1.
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