Invenergy Wind Canada v.
Éolectric Inc., 2019 QCCA 1073
http://canlii.ca/t/j138b
Invenergy produces and sells electricity generated by wind
towers. Éolectric finds suitable sites, maps them, obtains
regulatory approvals and then collects royalties from
Invenergy.
The parties negotiated a complex contract, later amended. A
dispute arose as to Éolectric's entitlement to certain
payments pertaining to electricity produced in additional
sites.
The contract contains an « entire agreement
clause » and Invenergy is adamant that this prevents the
court from reading into the contract additional terms having the
effect of varying the expressed intent. The Court of Appeal
reminds us here that the civil law is based on the primacy of the
negotium (the contents of the contract) over the
instrumentum (the material form of the contract).
