Friesen v Silverberg & Associates Inc
Allan Edward Friesen
Law Firm / Organization
Stringam LLP
Lawyer(s)

Stephen C. Mogdan

AEF Services Ltd.
Law Firm / Organization
Stringam LLP
Lawyer(s)

Stephen C. Mogdan

Silverberg & Associates Inc.
Law Firm / Organization
McLennan Ross LLP
Lawyer(s)

Jody Sutherland

People Corporation
Law Firm / Organization
McLennan Ross LLP
Lawyer(s)

Jody Sutherland

ABC Benefits Corporation
Law Firm / Organization
Bryan & Company LLP
Lawyer(s)

Kevin Chapotelle

Key Points:

  • Background: The plaintiffs, involved in providing group benefit and insurance services, had a Services Agreement with Silverberg/People. The agreement was terminated after a video posted by Mr. Friesen allegedly disparaged ABC.
  • Claims: The plaintiffs accused ABC of conspiracy and inducing breach of contract.
  • Application: ABC applied for summary dismissal, arguing there was no genuine issue requiring a trial.

Legal Issues:

  1. Inducing Breach of Contract:
    • To succeed, the plaintiff needed to prove ABC’s intent to induce a breach of the Services Agreement. The evidence showed ABC requested the removal of the video, but not the termination of the contract.
  2. Conspiracy:
    • Required proof of an agreement and concerted action to harm the plaintiffs. The court found no evidence of any such agreement between ABC and the other defendants.

Decision:

  • The court granted ABC’s application for summary dismissal, finding no merit in the plaintiffs' allegations of conspiracy and inducing breach of contract.

Conclusion:

  • The claims against ABC were dismissed. If the parties do not agree on costs, they may return to court to make submissions.
  • The decision does not specify any monetary damages awarded to either party.
Court of King's Bench of Alberta
2306 00308
Civil litigation
Defendant