W.E. Weston Powell

Parkland Corporation, a fuel supplier, sought a declaration that its lease and sublease agreements with Caledon Fuels Inc., a gas station operator, were in full force and effect, and a permanent injunction to prevent Caledon from breaching exclusive supply covenants.

Caledon argued an alleged oral agreement varied the renewal option and that Parkland breached its duty of good faith.

The court found the alleged oral agreement unenforceable due to lack of consideration and the parol evidence rule, and deemed it unbelievable.

The court also found no breach of good faith by Parkland.

Consequently, the court granted the declaration and permanent injunction in favour of Parkland and awarded partial indemnity costs.

The plaintiff vendor brought a motion for summary judgment against the defendant purchaser for breaching an Agreement of Purchase and Sale for a new build home.

The purchaser failed to close the transaction, alleging confusion and forgery regarding documents amending the purchase price to include selected upgrades.

The court found a valid and binding contract existed, which the purchaser breached.

The court also found the vendor reasonably mitigated its damages by reselling the property, and awarded damages to the vendor for the difference in sale price and carrying costs, net of the purchaser's forfeited deposit.