Category Archives: Contracts

Summary Judgement to Recover Monies Owing Under a Unit Operating Agreement

Posted on May 7, 2013 by

PDF version: Summary Judgement to Recover Monies Owing Under a Unit Operating Agreement Cases Considered: Canada Capital Energy Corporation v Barracuda Energy Ltd, 2013 SKQB 134. This is a nice, straightforward case in which the court granted summary judgment for … Continue reading →

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Species at risk and an adjustment clause

Posted on April 23, 2013 by

PDF version: Species at risk and an adjustment clause Case Considered: Matichuk v Quattro Holdings Ltd, 2013 ABQB 164. The case of Matichuk v Quattro Holdings Ltd involves a contractual dispute over the sale of a parcel of agricultural land in … Continue reading →

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When does the purchaser of an interest in a natural gas processing plant also purchase an interest in the sulphur block associated with the plant? Answer: only when the agreement (or perhaps ‘the elephant in the room’) says so!

Posted on April 12, 2013 by

PDF version: When does the purchaser of an interest in a natural gas processing plant also purchase an interest in the sulphur block associated with the plant? Answer: only when the agreement (or perhaps ‘the elephant in the room’) says … Continue reading →

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Who Bears the Loss for Converted Security Deposits?

Posted on April 3, 2012 by

PDF version: Who Bears the Loss for Converted Security Deposits?  Case considered: Equitable Trust Company v Lougheed Block Inc., 2012 ABCA 87 This judgment is one of several arising as a result of foreclosure proceedings taken with respect to the … Continue reading →

Posted in Contracts, Property | 2 Comments

Damages for Mental Distress in Breach of Contract

Posted on September 24, 2010 by

PDF version: Damages for Mental Distress in Breach of Contract  Case considered: J.O. v. Strathcona-Tweedsmuir School, 2010 ABQB 559  In J.O. v. Strathcona-Tweedsmuir School, the court awarded the plaintiff damages for mental distress arising from breach of contract. The facts … Continue reading →

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A curious cocktail – the mixed application of the law of contracts and administrative law to universities

Posted on July 17, 2009 by

Cases Considered:  Rittenhouse-Carlson v. Portage College 2009 ABQB 342 PDF version:  A curious cocktail – the mixed application of the law of contracts and administrative law to universities Jane Rittenhouse-Carlson brought an action against Portage College alleging breach of contract and … Continue reading →

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The perils of selling the same property twice (with an aside on styles of appellate decision-making)

Posted on June 9, 2009 by

Case considered: Castledowns Law Office Management Ltd. v. FastTrack Technologies Inc., 2009 ABCA 148 PDF version: The perils of selling the same property twice (with an aside on styles of appellate decision-making) This was a dispute between two purchasers of … Continue reading →

Posted in Appellate Practice, Contracts, Property | 1 Comment

Terminating a long term gas sales contract on account of a material adverse change: the continuing fallout from the collapse of the Enron Empire

Posted on January 31, 2009 by

Cases Condisidered: Marathon Canada Ltd v. Enron Canada Ltd, 2008 ABQB 408; Marathon Canada Ltd v. Enron Canada Ltd, 2009 ABCA 31. PDF Version: Terminating a long term gas sales contract on account of a material adverse change: the continuing … Continue reading →

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A Welcome Primer on Interpreting Covenants in Leases

Posted on January 28, 2009 by

Cases Considered: Orbus Pharma Inc. v. Kung Man Lee Properties Inc., 2008 ABQB 754. PDF Version:  A Welcome Primer on Interpreting Covenants in Leases This case is about the proper interpretation of a term in a commercial lease concerning the … Continue reading →

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When does a “participant” earn under the terms of a farmout and participation agreement?

Posted on October 9, 2008 by

Cases Considered: Solara Exploration Ltd v. Richmount Petroleum Ltd., 2008 ABQB 596 PDF Version:  When does a “participant” earn under the terms of a farmout and participation agreement? In this decision Justice Sheilah Martin concluded that a participant in a … Continue reading →

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