38274 Yukon Inc. v Borealis Fuels
38274 YUKON INC. dba SUPER SAVE PROPANE (YUKON)
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

Michael J. Hewitt

BOREALIS FUELS & LOGISTICS LTD.
Law Firm / Organization
Dentons Canada LLP
Lawyer(s)

Morgan Burris

  • Case Context: 38274 Yukon Inc., operating as Super Save Propane (Yukon), accused Borealis Fuels & Logistics Ltd. of inducing breaches of contract among its customers. Super Save claimed Borealis convinced their customers to switch propane suppliers through various inducements, leading to contract breaches.

  • Key Legal Issue: Borealis sought to dismiss the case, arguing that Super Save's claim was baseless and lacked necessary factual details to substantiate the allegations of contract inducement.

  • Court's Decision: The court dismissed Borealis's application to strike the claim but required Super Save to provide more specific details about their allegations. The court maintained that the pleadings, while somewhat lacking in detail regarding Borealis's intent and knowledge of the contracts, were sufficiently detailed in other aspects to proceed.

  • Legal Principles Applied:

    • The tort of inducing breach of contract includes knowledge of the contract, intention to induce a breach, and resultant damages from the breach.
    • The court is lenient in reading pleadings but requires that they not be vague and should indicate a plausible cause of action.
    • Borealis's conduct, while not illegal in isolation (like offering lower rates), could still constitute inducement if combined with knowledge and intent to cause breaches.
  • Specific Orders: Super Save was ordered to clarify and provide details about Borealis's knowledge of the contractual terms known to Borealis when they allegedly induced the breaches.

  • No details on costs or final judgments provided

Supreme Court of Yukon
22-A0138
Corporate & commercial law
Plaintiff