The court considered whether Parkland Corporation was entitled to a permanent injunction and other relief against 2700455 Ontario Inc. for breach of an exclusive fuel supply agreement.
The court found that 270 breached the agreement by failing to provide a security deposit and by selling non-Parkland fuel.
The court rejected arguments of frustration and fundamental breach, held the exclusive supply clause enforceable, and granted a permanent injunction prohibiting 270 from selling non-Parkland fuel.
Damages were left for trial, and costs were awarded to Parkland.
