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Can a public owner contract out of any liability for a failure to follow its own directives, policies and, indeed, its own terms and conditions of a procurement process, including a duty of fairness? Although that issue was largely resolved in the Supreme Court of Canada case of Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), 2010 SCC 4, a ...

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Posted in Contracts

Almost a year ago (May 26, 2017), the Alberta Court of Appeal released its 2:1 decision in IFP Technologies (Canada) Inc. v. EnCana Midstream and Marketing (IFP Technologies), 2017 ABCA 157. The decision was of particular significance with respect to the meaning of "working interest" in the oil and gas industry, when consent to a disposition could be reasonably withheld ...

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