Legal Proceedings
−Removed: During the year, a terminated employee of Canary has
−Removed: filed a suit against the Company amounting to approximately $1,616,790 (CAD $2,100,000) in Ontario, Canada.
−Removed: Currently, the Company
−Removed: is defending its position and believes that the ultimate decision will be in favor of the Company.
+Added: During the year ended December 31,
+Added: 2019, a terminated employee of Canary has filed a lawsuit against the Company amounting to approximately $1,649,340 (CAD $2,100,000)
+Added: in Ontario, Canada.
+Added: Currently, the Company is defending its position and believes that the ultimate decision will be in favor of
+Added: Due to the uncertainty of timing and the amount of estimated future cash flows, if any, relating to this claim, no
+Added: provision has been recognized.
+Added: During the year ended December 31,
+Added: 2019, a terminated employee of Canary had delivered a demand letter claiming wrongful dismissal.
+Added: A settlement was reached in the
+Added: amount of $5,792 (CAD $7,375) which were due within 30 days of the execution of the settlement agreement.
+Added: During the quarter ended
+Added: June 30, 2020, the Company has paid the settlement amount in full.
+Added: During the year ended December 31,
+Added: 2019, a terminated employee of Canary had delivered a demand letter claiming wrongful dismissal plus unpaid wages, expenses and
+Added: vacation pay for a minimum amount of $54,516 (CAD $69,412).
+Added: During quarter ended June 30, 2020, the Company settled with the
+Added: employee in the amount of $7,495 (CAD $9,543).
On January 3, 2020, cGreen Inc.
−Removed: Complaint in Arbitration against the Company alleging a breach of the Exclusive License Agreement entered into with the Company
+Added: a Complaint in Arbitration against the Company alleging a breach of the Exclusive License Agreement entered into with the Company
effective August 8,2019.
2 unchanged sentences
and failed to issue cGreen 7,000,000 shares of the Company’s Common Stock as called for under the Agreement.
−Removed: During the year ended December 31, 2019,
−Removed: a terminated employee of Canary had delivered a demand letter claiming wrongful dismissal.
−Removed: A settlement was reached in the amount
−Removed: of $5,678 (CAD $7,375) which were due within 30 days of the execution of the settlement agreement.
−Removed: As of the date of this report,
−Removed: the Company has not made any payment and is in violation of the agreement.
+Added: During the quarter
+Added: ended June 30, 2020, the Company was in arbitration with cGreen for the breaches of the terms of the License Agreement, however,
+Added: through an early mediation, both companies reached to a settlement agreement to settle the breaches of the contract on July 27,
+Added: 2020 (“Effective Date”).
+Added: As per the settlement agreement, the License Agreement has been terminated and the Company
+Added: does not have to issue the 10 million shares nor pay the outstanding royalty payable in the amount of $1,191,860.
+Added: As consideration,
+Added: the Company paid $130,000 within 30 days of the Effective Date and will pay $100,000 in monthly installments of $10,000 commencing
+Added: in April 2021 to cGreen resulting in a gain on settlement in the amount of $1,704,860.
+Added: In April 2020, an employee of Canary,
+Added: who had previously resigned from the company, filed a claim that their bonus, that had been promised in their employment agreement
+Added: was unpaid and had filled a claim with the Ministry of Labour in Ontario.
+Added: While the Ministry of Labour deemed the bonus owed as
+Added: a valid payment, the matter has since progressed to the Ontario Labour Relations Board (OLRB) in which the company is disputing
+Added: this bonus due to several contractual factors that the company believes will allow this ruling to be overturned and revised in
+Added: the company’s favor.
+Added: Due to the uncertainty of timing and the amount of estimated future cash flows, if any, relating to
+Added: this claim, no further amount has been recognized.
+Added: A claim for damages in the amount of $1,463,047
+Added: (CAD $1,862,805) was lodged against Company and its directors by the former Chief Financial Officer of the Company for wrongful
+Added: The management are of the view that no material losses will arise in respect of the legal claim at the date of these
+Added: consolidated financial statements.
+Added: As at December 31, 2020, $11,540 has been recorded in the Target’s payable based
+Added: on past accruals.
+Added: Due to the uncertainty of timing and the amount of estimated future cash flows, if any, relating to this claim,
+Added: no further amount has been recognized.
During the year ended December 31,
−Removed: a terminated employee of Canary had delivered a demand letter claiming wrongful dismissal plus unpaid wages, expenses and vacation
−Removed: pay for a minimum amount of $53,440 (CAD $69,412).
−Removed: Currently, the Company is defending its position and believes that the ultimate
−Removed: decision will be in favor of the Company, however, the Company is open to a settlement.
+Added: 2020, a claim for damages in the amount of $102,713 (CAD $130,778) was lodged against Canary by a vendor for breach of contract.
+Added: The management are of the view that no material losses will arise in respect of the legal claim at the date of these consolidated
+Added: financial statements.
+Added: As at December 31, 2020, $108,503 (CAD $138,150) has been recorded in the Canary’s payable based
+Added: on past accruals.
+Added: Due to the uncertainty of timing and the amount of estimated future cash flows, if any, relating to this claim,
+Added: no further amount has been recognized.
Mine Safety Disclosures.
1 unchanged sentence
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.