NOV Enerflow ULC et al. v. Enerflow Industries Inc. et al., 2015 ABQB 759
| Judge | McCarthy, J. |
| Court | Court of Queen's Bench of Alberta (Canada) |
| Subject Matter | CONTRACTS,PRACTICE |
| Citation | 2015 ABQB 759,[2015] A.R. Uned. 526 (QB),[2015] A.R. Uned. 526 |
| Date | 30 November 2015 |
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9 practice notes
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Clark Builders and Stantec Consulting Ltd v GO Community Centre, 2019 ABQB 706
...is invalidated by s. 7(2). [243] Clark Builders relied on Justice McCarthy’s decision in NOV Enerflow ULC v Enerflow Industries Inc, 2015 ABQB 759 to support the validity of clause 12.2.1.4. In that case, the plaintiff pursued the defendant for certain contractual representations and warran......
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2250898 Ontario Inc. v Mukelova,
...43, NOV Enerflow ULC (NOV Pressure Pumping ULC) v. Enerflow Industries Inc., 2020 ABQB 347, NOV Enefvlow ULC v. Enerflow Industries Inc., 2015 ABQB 759, Edmonton (City) v. Transalta Energy Marketing Corporation, 2008 ABQB 426, (2008) 96 Alta.L.R. (4th) 292, and Jones v. Temple Real Estate I......
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2250898 ONTARIO INC. v. MUKELOVA et al,
...ULC (NOV Pressure Pumping ULC) v. Enerflow Industries Inc, 2020 ABQB 347 at para 109; NOV Enerflow ULC v. Enerflow Industries Inc, 2015 ABQB 759 at paras 41, 44, 46-47, 54-55, and 64; Jones Temple Real Estate Investment Trust, 2018 ABQB 606 at para 207; and NFC Acquisition v. Centennial 200......
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Jones v Temple Real Estate Investment Trust, 2018 ABQB 606
...7.4. Therefore, the law requires that I construe those provisions against Holloway. [141] In NOV Enerflow ULC v Enerflow Industries Inc, 2015 ABQB 759, McCarthy J considered a survival clause in a commercial agreement. McCarthy J noted that the clause was clearly intended to limit the selle......
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7 cases
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Clark Builders and Stantec Consulting Ltd v GO Community Centre, 2019 ABQB 706
...is invalidated by s. 7(2). [243] Clark Builders relied on Justice McCarthy’s decision in NOV Enerflow ULC v Enerflow Industries Inc, 2015 ABQB 759 to support the validity of clause 12.2.1.4. In that case, the plaintiff pursued the defendant for certain contractual representations and warran......
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2250898 Ontario Inc. v Mukelova,
...43, NOV Enerflow ULC (NOV Pressure Pumping ULC) v. Enerflow Industries Inc., 2020 ABQB 347, NOV Enefvlow ULC v. Enerflow Industries Inc., 2015 ABQB 759, Edmonton (City) v. Transalta Energy Marketing Corporation, 2008 ABQB 426, (2008) 96 Alta.L.R. (4th) 292, and Jones v. Temple Real Estate I......
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2250898 ONTARIO INC. v. MUKELOVA et al,
...ULC (NOV Pressure Pumping ULC) v. Enerflow Industries Inc, 2020 ABQB 347 at para 109; NOV Enerflow ULC v. Enerflow Industries Inc, 2015 ABQB 759 at paras 41, 44, 46-47, 54-55, and 64; Jones Temple Real Estate Investment Trust, 2018 ABQB 606 at para 207; and NFC Acquisition v. Centennial 200......
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Jones v Temple Real Estate Investment Trust, 2018 ABQB 606
...7.4. Therefore, the law requires that I construe those provisions against Holloway. [141] In NOV Enerflow ULC v Enerflow Industries Inc, 2015 ABQB 759, McCarthy J considered a survival clause in a commercial agreement. McCarthy J noted that the clause was clearly intended to limit the selle......
Request a trial to view additional results
2 firm's commentaries
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Survival vs Limitation Periods
...with the phrase "including, but not limited to" is not sufficient to enable a subsequent time-barred amendment Footnotes RSA 2000, L-12. 2015 ABQB 759. 2008 ABQB 426 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought ......
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Working Capital Adjustments: Ensuring That The Price Is Really Right
...remedy, even where the mechanism is specifically time-limited and that time has expired. In NOV Enerflow ULC v. Enerflow Industries Inc., 2015 ABQB 759, the purchaser's post-closing review of the acquired company's books supposedly revealed that certain representations and warranties in the......