Summary

Keywords

Contracts — Formation — First Nations — Band council resolutions —Whether Court of Appeal erred in finding that there was no binding contract once a condition was waived — Whether Court of Appeal erred in finding that a Band Council Resolution was irrelevant?

Summary

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6551450 Manitoba Ltd. is a joint venture formed to make an offer to purchase land to operate a limestone quarry, conditional on obtaining municipal approval for the quarry. It entered into a joint venture with the Peguis First Nation and its economic development entity Chief Peguis Investment Corp., and incorporated 6223291 Manitoba Ltd., for purposes of purchasing the land and obtaining municipal approval. Municipal approval was not obtained and the deal collapsed. 6551450 brought a claim for damages against the Peguis First Nation, Chief Peguis Investment Corp. and 6223291 Manitoba Ltd. The Court of Queen’s Bench of Manitoba dismissed the claim. The Court of Appeal dismissed an appeal.

Lower Court Rulings