Law360 Canada ( August 28, 2025, 2:11 PM EDT) -- Appeal by Mak Mera Nigeria Limited (Mak Mera) against trial judge’s decision. James Bay Resources Limited (James Bay) entered into two agreements (the Agreements) with Mak Mera which provided that Mak Mera would receive monetary compensation and shares for providing services to James Bay in having pursued business opportunities in Nigeria’s oil and gas industry. The parties’ relationship deteriorated, and Mak Mera wrote a complaint letter to the Department of Petroleum Resources of the Nigerian Government accusing James Bay of breaching their agreement and essentially having defrauded them by misrepresentations and deceptive conduct. The trial judge ordered Mak Mera to pay back monies paid to them by James Bay, characterizing the funds as advances. She further found that Mak Mera defamed James Bay by the publication of the complaint letter and ordered Mak Mera to pay James Bay damages for defamation in the amount of $200,000. On appeal, Mak Mera submitted that the trial judge erred in her interpretation of the Agreements. Specifically, they argued that she misconstrued the compensation terms of the Agreements. This led her to have wrongly characterized the monies paid by James Bay as advances, implied repayment terms, and ordered the funds’ repayment. Mak Mera did not challenge the trial judge’s finding of defamation but appealed her substantial damages award. They submitted that nominal damages of $1,000 would have been appropriate in the circumstances....