Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38079
SaskEnergy Incorporated v. ADAG Corporation Canada Ltd., et al.
(Saskatchewan) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-02-18 | Close file on Leave | |
| 2019-01-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-01-11 | Judgment on leave sent to the parties | |
| 2019-01-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACV2714, 2018 SKCA 14, dated February 23, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2018-11-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-06-07 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-06-07 | SaskEnergy Incorporated |
| 2018-05-29 | Certificate (on limitations to public access), (Letter Form) | ADAG Corporation Canada Ltd. |
| 2018-05-29 | Notice of name, (Letter Form) | ADAG Corporation Canada Ltd. |
| 2018-05-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-05-29 | ADAG Corporation Canada Ltd. |
| 2018-05-03 | Correspondence received from, Agent for counsels for the Respondents: contact information for Agent and Counsels. | ADAG Corporation Canada Ltd. |
| 2018-04-30 | Letter acknowledging receipt of a complete application for leave to appeal, (FILE OPENED 2018-04-30) | |
| 2018-04-24 | Certificate (on limitations to public access), (Letter Form) | SaskEnergy Incorporated |
| 2018-04-24 | Notice of name, (Letter Form) | SaskEnergy Incorporated |
| 2018-04-24 | Application for leave to appeal, (Book Form), Completed on: 2018-04-24 | SaskEnergy Incorporated |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| SaskEnergy Incorporated | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| ADAG Corporation Canada Ltd. | Respondent | Active |
| Geschlossene Grundstücksgesellschaft GGG No. 10 | Respondent | Active |
Counsel
Party: SaskEnergy Incorporated
Counsel
Jodi R. Wildeman
Joanne V. Colledge-Miller
1500-1874 Scarth Street
Regina, Saskatchewan
S4P 4E9
Telephone: (306) 347-8000
FAX: (306) 352-5250
Email: jwildeman@mltaikins.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: ADAG Corporation Canada Ltd.
Counsel
Helen Richards
199 Bay Street, P.O. Box 25
Commerce Court West, Suite 4000
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4316
FAX: (416) 863-2653
Email: brad.berg@blakes.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Geschlossene Grundstücksgesellschaft GGG No. 10
Counsel
Helen Richards
199 Bay Street, P.O. Box 25
Commerce Court West, Suite 4000
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4316
FAX: (416) 863-2653
Email: brad.berg@blakes.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
Commercial law – Partnerships – Contracts – When a third party can rely on the acts and assurances of the general partner to bind the limited partnership – When a limited partnership agreement can defeat the certificate of title and principles of the Torrens land titles system – The Partnership Act, R.S.S. 1978, c. P-3, ss. 7, 8 & 10.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
ADAG, a respondent, is the general partner of a limited partnership. The limited partners are 1200 German residents, also respondents. In 1991, ADAG acquired a property in Regina. In 2000, ADAG entered into a long-term lease agreement of the property with SaskEnergy, the applicant. As a schedule to the lease agreement, an options agreement was executed, granting SaskEnergy purchase options of the property. In 2011, SaskEnergy attempted to exercise a purchase option. ADAG refused, relying on the partnership agreement, which required limited partner approval to sell the property. SaskEnergy commenced proceedings for breach of contract and seeking specific performance.
The trial judge sided with SaskEnergy. He found SaskEnergy reasonably believed ADAG had the authority to grant the options to purchase and that the relevant provisions of the The Partnership Act (R.S.S. 1978, c. P-3) were of no assistance to the respondents. The Court of Appeal unanimously disagreed. It found that the relevant provisions of The Partnership Act, correctly interpreted and applied, did effectively restrict ADAG’s ability to bind the partnership with options to purchase the property.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
QBG 2396 of 2011
Specific performance of contract between SaskEnergy and ADAG ordered – registration in SaskEnergy’s name of property at issue ordered
Court of Appeal for Saskatchewan
CACV2714, 2018 SKCA 14
Appeal allowed in part – SaskEnergy’s options to purchase property not binding on Geschlossene; matter remitted to the trial judge to determine remaining issues
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available