0856464 B.C. Ltd. et al. v. TimberWest Forest Corp. et al., [2014] B.C.T.C. Uned. 2433 (SC)

JudgeSigurdson, J.
CourtSupreme Court of British Columbia (Canada)
Case DateDecember 23, 2014
JurisdictionBritish Columbia
Citations[2014] B.C.T.C. Uned. 2433 (SC);[2014] B.C.T.C. Uned. 2433;2014 BCSC 2433
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10 practice notes
  • Concord Pacific Acquisitions Inc. v. Oei, 2019 BCSC 1190
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 19, 2019
    ...negotiations in relation to future renewals or future rates or to similar terms. [380] In 0856464 B.C. Ltd v. TimberWest Forest Corp., 2014 BCSC 2433, the Court addressed an action by a logging contractor that was partly based on a claim that the defendant had negotiated in bad faith. The p......
  • Bargaining in Good Faith
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Formation
    • August 4, 2020
    ...General Principles and Recent Developments” (1993) 15 Advocates’ Q 56. 4 See Chapter 10. 5 See 0856464 BC Ltd v TimberWest Forest Corp , 2014 BCSC 2433 at para 173 (quoting this list). 6 133 NW2d 267 (Wis 1965). 7 A different result is available in American law on this point. The plaintiff ......
  • Two Views of the Cathedral: Civilian Approaches, Reasonable Expectations, and the Puzzle of Good Faith's Past and Future.
    • Canada
    • Queen's Law Journal Vol. 44 No. 2, March 2019
    • March 22, 2019
    ...Court therefore found that TimberWest was acting in bad faith by trying to defeat the very purpose and objectives of the contract. See 2014 BCSC 2433. However, such scrutiny of motives is not necessarily a new phenomenon. See Deere (John) Ltd v GAEL Inc et al (1994), 96 Man R (2d) 106, 1994......
  • LeRoy v. TimberWest Forest Corp., 2020 BCSC 978
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 2, 2020
    ...previously decided a case involving TimberWest and another logging company, Munns, indexed as 0856464 BC Ltd. v. TimberWest Forest Corp., 2014 BCSC 2433 [Munns]. This action, which came before Justice Sigurdson, involved a claim for damages arising from the allegedly unlawful termination of......
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8 cases
  • Concord Pacific Acquisitions Inc. v. Oei, 2019 BCSC 1190
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 19, 2019
    ...negotiations in relation to future renewals or future rates or to similar terms. [380] In 0856464 B.C. Ltd v. TimberWest Forest Corp., 2014 BCSC 2433, the Court addressed an action by a logging contractor that was partly based on a claim that the defendant had negotiated in bad faith. The p......
  • LeRoy v. TimberWest Forest Corp., 2020 BCSC 978
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 2, 2020
    ...previously decided a case involving TimberWest and another logging company, Munns, indexed as 0856464 BC Ltd. v. TimberWest Forest Corp., 2014 BCSC 2433 [Munns]. This action, which came before Justice Sigurdson, involved a claim for damages arising from the allegedly unlawful termination of......
  • Limen Forming West Ltd. v. Stuart Olson Dominion Construction Ltd., 2017 BCSC 1485
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 23, 2017
    ...for the balance of the work that it did not have to perform. This issue was considered in 0856464 B.C. Ltd. v. TimberWest Forest Corp., 2014 BCSC 2433, at paras 368 - 369, where the court awarded only the fixed portion of overheads when assessing damages for a wrongful termination of a cont......
  • LeRoy v. TimberWest Forest Corp., 2021 BCCA 326
    • Canada
    • Court of Appeal (British Columbia)
    • September 3, 2021
    ...the appellants rely heavily on a judgment another party obtained against TimberWest, 0856464 B.C. Ltd. v. TimberWest Forest Corp., 2014 BCSC 2433 [Munns Decision]. In that action, the plaintiff was an assignee of Munns, which by then had gone bankrupt (the “Munns [71]   ......
  • Request a trial to view additional results
2 books & journal articles
  • Bargaining in Good Faith
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Formation
    • August 4, 2020
    ...General Principles and Recent Developments” (1993) 15 Advocates’ Q 56. 4 See Chapter 10. 5 See 0856464 BC Ltd v TimberWest Forest Corp , 2014 BCSC 2433 at para 173 (quoting this list). 6 133 NW2d 267 (Wis 1965). 7 A different result is available in American law on this point. The plaintiff ......
  • Two Views of the Cathedral: Civilian Approaches, Reasonable Expectations, and the Puzzle of Good Faith's Past and Future.
    • Canada
    • Queen's Law Journal Vol. 44 No. 2, March 2019
    • March 22, 2019
    ...Court therefore found that TimberWest was acting in bad faith by trying to defeat the very purpose and objectives of the contract. See 2014 BCSC 2433. However, such scrutiny of motives is not necessarily a new phenomenon. See Deere (John) Ltd v GAEL Inc et al (1994), 96 Man R (2d) 106, 1994......

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