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ARTICLE · 04 AUGUST 2016

Alberta Court Of Queen's Bench Confirms Summary Judgment On Exclusion Clauses

Borden Ladner Gervais LLP
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Yangarra also amended its Statement of Claim to include an allegation of breach of duty of good faith in the performance of contractual duties.

CanadaEnergy and Natural Resources

In a previous post, BLG discussed Precision Drilling Canada Limited Partnership v Yangarra Resources Ltd., in which Master Prowse of the Alberta Court of Queen's Bench granted summary judgment to Precision Drilling Canada Limited Partnership ("Precision") for payment on work done, even though work done by Precision caused Yangarra Resources Ltd. ("Yangarra") loss. In the decision at first instance, Master Prowse relied heavily on exclusion clauses which allocated various risks between Precision and Yangarra. In a recent decision, Justice Wilson of the Alberta Court of Queen's bunch upheld Master Prowse's decision, holding that this was essentially a case about proper interpretation of a contract, and Master Prowse's interpretation of the exclusion clauses in issue was correct.

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