Bienia et al. v J.K. Ayres Veterinary Prof. Corp. et al.
Doug Bienia
Law Firm / Organization
Peszko Legal: Barristers and Solicitors
Lawyer(s)

Sarah E. Roesler

Doug Bienia Veterinary Prof. Corp.
Law Firm / Organization
Peszko Legal: Barristers and Solicitors
Lawyer(s)

Sarah E. Roesler

J.K. Ayres Veterinary Prof. Corp.
Law Firm / Organization
Lakefield LLP
Lawyer(s)

Austin T. Cooper

RA Webber Veterinary Prof. Corp.
Law Firm / Organization
Lakefield LLP
Lawyer(s)

Austin T. Cooper

A Petruka Veterinary Prof. Corp.
Law Firm / Organization
Lakefield LLP
Lawyer(s)

Austin T. Cooper

Background:
Doug Bienia and Doug Bienia Veterinary Prof. Corp. sued J.K. Ayres Veterinary Prof. Corp., R.A. Webber Veterinary Prof. Corp., and A. Petruka Veterinary Prof. Corp. over a dispute regarding the withdrawal from their veterinary partnership. The lawsuit centered on whether the defendants breached their obligations under the Partnership Agreement (PA) dated January 1, 2014.

Legal Issues:

  • Breach of Contract: The plaintiff alleged the defendants violated Article 17.10 of the PA by failing to resolve disputes in good faith.
  • Breach of Good Faith and Honest Performance: The plaintiff claimed the defendants misled him about amending the partnership’s valuation system and improperly exercised discretion to force his withdrawal.
  • Application to Strike: The defendants sought to strike the claim under Rule 7-9(2)(a) of The King’s Bench Rules, arguing it lacked a reasonable cause of action.

Court’s Decision:
The court dismissed the defendants' application to strike, finding the plaintiff had adequately pled claims of breach of the duty of honest performance and good faith under established contract law principles (Bhasin v. Hrynew, Callow v. Zollinger).

Costs Awarded:
The court ordered the defendants jointly and severally to pay the plaintiff $1,500 in costs.

Court of King's Bench for Saskatchewan
KBG-SA-00979-2024
Corporate & commercial law
$ 1,500
Plaintiff