The dispute in this case centered on a common theme in the
construction industry – the parties' failure to document
key terms in writing. As the parties were not able to resolve the
many issues between them, a trial was held before Martin J. of the
Court of Queen's Bench of Manitoba. It is important to note
that the party who was largely successful in this case had
documentary evidence to support its position.
Facts
North Perimeter Construction Limited ("NPCL") and Russ
Paterson ("Russ"), the owner of various companies
associated with Northern Meat Services, had a long, mutually
beneficial commercial relationship. Russ wanted to build a cold
storage facility that would be owned by the defendant numbered
company. This company was owned by the holding companies of
Russ' two sons. Despite this arrangement, at all times, Russ
was the mind and hands-on driver of every part of the project.
