McKinders v. Proprietary Energy Industries Inc. et al., (1998) 218 A.R. 389 (QB)

• Judge: Sanderman, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 07, 1998
• Citations: (1998), 218 A.R. 389 (QB)

McKinders v. Proprietary Energy Ind. (1998), 218 A.R. 389 (QB)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. JN.016

Harry A. McKinders (plaintiff/applicant) v. Proprietary Energy Industries Inc., Peter J. Workum, Theodor Hennig and Kilo Gold Mines Ltd. (defendants/respondents)

(Action No. 9703-19205)

Indexed As: McKinders v. Proprietary Energy Industries Inc. et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Sanderman, J.

January 7, 1998.

Summary:

The plaintiff entered into an arrangement with the Proprietary Group to deal with and market a number of mineral claims. A dis­pute arose and in an effort to resolve the outstanding differences the parties entered a written agreement. The agreement did not resolve matters as planned and the plaintiff sued the Proprietary Group, seeking to have the Group transfer title to certain mineral claims to the plaintiff. The plaintiff applied for an interim injunction preventing the Proprietary Group from dealing with the title to the claims in issue until the matter was resolved.

The Alberta Court of Queen's Bench dis­missed the application.

Injunctions - Topic 1610

Interlocutory or interim injunctions - Cir­cumstances when injunction will not be granted - The plaintiff entered into an arrangement with the Proprietary Group to deal with and market a number of mineral claims - A dispute arose and the plaintiff sued the Proprietary Group, seeking to have the Group transfer title to certain mineral claims to the plaintiff - The plain­tiff applied for an interim injunction pre­venting the Proprietary Group from dealing with the title to the claims in issue until the matter was resolved - The Alberta Court of Queen's Bench refused to grant the injunction - There was a serious issue involved, but the plaintiff could be com­pensated in damages and the balance of convenience did not favour granting the injunction.

Cases Noticed:

American Cyanamid Co. v. Ethicon Ltd., [1975] 1 All E.R. 504 (H.L.), refd to. [para. 4].

Black and Co. v. Law Society of Alberta (1983), 69 A.R. 322; 29 Alta. L.R.(2d) 326 (C.A.), refd to. [para. 4].

Ominayak et al. v. Norcen Energy Resources Ltd. et al. (1985), 58 A.R. 161 (C.A.), refd to. [para. 4].

Counsel:

Donald J. Wilson (Lucas Bowker & White), for the plaintiff/applicant;

Gene J. Bodnar (MacLeod Dixon), for the defendants, respondents.

This application was heard before Sander­man, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision on January 7, 1998.