Sheehy v. Edmonton World Hockey Enterprises Ltd. and World Hockey Association, (1979) 22 A.R. 1 (QB)
Judge | Steer, J. |
Court | Court of Queen's Bench of Alberta (Canada) |
Case Date | September 14, 1979 |
Citations | (1979), 22 A.R. 1 (QB) |
Sheehy v. Edmonton World Hockey Ent. (1979), 22 A.R. 1 (QB)
MLB headnote and full text
Sheehy v. Edmonton World Hockey Enterprises Ltd. and World Hockey Association
(101873)
Indexed As: Sheehy v. Edmonton World Hockey Enterprises Ltd. and World Hockey Association
Alberta Court of Queen's Bench
Judicial District of Edmonton
Steer, J.
September 14, 1979.
Summary:
This headnote contains no summary.
Contracts - Topic 7164
Novation - Novation where new party introduced - Acceptance of sole liability by new party - Sheehy, a professional hockey player, was traded by the New England Whalers to the Edmonton Oilers and pursuant to a term in Sheehy's contract the New England Whalers paid Sheehy a $10,000.00 relocation allowance - Subsequently, Sheehy was traded by the Edmonton Oilers to the Birmingham Bulls and Sheehy claimed a $10,000.00 relocation from the Edmonton Oilers - The Alberta Court of Queen's Bench held that Sheehy was entitled to the $10,000.00 from the Edmonton Oilers because when Sheehy was traded to the Edmonton Oilers "there was a new contract between the Oilers and the plaintiff on the same terms as that between him and the Whalers" - See paragraph 13.
Authors and Works Noticed:
Odgers, Construction of Deeds & Statutes (5th Ed.) [para. 5].
Counsel:
R.B. Davison, for the plaintiff;
R. Kinasewich, for the defendants.
This case was heard by STEER, J., of the Alberta Court of Queen's Bench. The judgment of STEER, J., was delivered at Edmonton, Alberta, on September 14, 1979.
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...Irrigation v. Belgium Farms Limited (1976), 3 A.R. 248, refd to. [para. 67]. Sheehy v. Edmonton World Hockey Enterprises Limited (1979), 22 A.R. 1, refd to. [para. Statutes Noticed: Judicature Act, R.S.A. 1980, c. J-1, sect. 15 [para. 63]. Judgment Interest Act, S.A. 1984, c. J-0.5, sect. 4......
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