Sinclair Canada Oil Company v. Pacific Petroleums Limited

Sinclair Canada Oil Company v. Pacific Petroleums Limited

The Amendatory Agreement assigned a 25% undivided interest in the respondent's interest in the oil and gas substances and their proceeds, subject to Act's carried interest, but did not assign any contractual right to recover money payments made under the separate Act Agreement; the payment was made under that separate contract to which appellant was not a party and appellant had consented/waived claims, therefore no contractual right to the payment existed and the appeal fails.

Citation
[1969] SCR 394
Parties
Plaintiff/appellant: Sinclair Canada Oil Company; Defendant/respondent: Pacific Petroleums Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 January 1969
Procedural Posture
Contract / Appeal to Supreme Court of Canada From Supreme Court of Alberta, Appellate Division
Outcome
Appeal dismissed with costs
Legal Topics
Contract Interpretation, Assignment of Interests, Carried Interest in Oil and Gas Leases, Conversion of Carried Interest to Participating Interest, Waiver, Estoppel, Successors in Title
Source Language
English
Contract Contract Interpretation Assignment of Interests Carried Interest in Oil and Gas Leases Conversion of Carried Interest to Participating Interest Waiver Estoppel Successors in Title

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Parties

Sinclair Canada Oil Company

Plaintiff/appellant

Pacific Petroleums Limited

Defendant/respondent

Procedural Posture

Contract / Appeal to Supreme Court of Canada From Supreme Court of Alberta, Appellate Division

Legal Issues

  1. 1 Whether appellant had a contractual right to share in the payment made by Act to respondent under the separate Act Agreement
  2. 2 Whether the Amendatory Agreement assigned to appellant any right to recover monies payable to respondent under the Act Agreement
  3. 3 Whether appellant waived or was estopped from asserting any claim to the payment

Ratio Decidendi

The Amendatory Agreement assigned a 25% undivided interest in the respondent's interest in the oil and gas substances and their proceeds, subject to Act's carried interest, but did not assign any contractual right to recover money payments made under the separate Act Agreement; the payment was made under that separate contract to which appellant was not a party and appellant had consented/waived claims, therefore no contractual right to the payment existed and the appeal fails.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs