Barton v. Agincourt Football Enterprises Ltd.

Barton v. Agincourt Football Enterprises Ltd.

Majority: The respondent’s obligation to pay the contractual salary depended on the appellant being available and willing to provide services; by entering into the Portland contract the appellant breached the contractual arrangement, which freed the respondent from further obligation to pay under the contract, so the appeal is dismissed.

Citation
[1982] 1 SCR 666
Parties
Appellant / Plaintiff: Greg Barton; Respondent / Defendant: Agincourt Football Enterprises Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 May 1982
Procedural Posture
Contract / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed (Laskin C.J. and Estey J. dissenting)
Legal Topics
Termination of Contract, Repudiation, Anticipatory Breach, Interpretation of Guarantee Clause, Mitigation and Offsets, Remedies (debt V. Damages)
Source Language
English
Contract Law Employment Law Termination of Contract Repudiation Anticipatory Breach Interpretation of Guarantee Clause Mitigation and Offsets Remedies (debt V. Damages)

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Parties

Greg Barton

Appellant / Plaintiff

Agincourt Football Enterprises Limited

Respondent / Defendant

Procedural Posture

Contract / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the employer’s August 1972 action (cutting player) terminated the contract or left it in force
  2. 2 Whether the player’s execution of a contract with a U.S. club amounted to a breach/repudiation relieving the respondent of the guaranty obligation
  3. 3 Whether the appellant’s claim is a debt arising from a terminated contract or damages for breach

Ratio Decidendi

Majority: The respondent’s obligation to pay the contractual salary depended on the appellant being available and willing to provide services; by entering into the Portland contract the appellant breached the contractual arrangement, which freed the respondent from further obligation to pay under the contract, so the appeal is dismissed.

Court Disposition

Appeal dismissed (Laskin C.J. and Estey J. dissenting)

Orders

  • Appeal dismissed with costs