The case Crown Capital Partner Funding LP v. RBee Aggregate Consulting Ltd. (2023 ABKB 724) involves a dispute over unpaid invoices related to an aggregate supply agreement. The key points of the judgment include:
- Background: RBee supplied aggregate to RMC under a 2018 contract. In March 2022, RBee’s receiver (FTI Consulting) sought payment of three unpaid invoices totaling $4,485,480.64 for deliveries in late 2021. RMC argued that it had been overbilled, citing a set-off claim based on alleged under-supply during the agreement’s term.
- RMC’s Claim: RMC alleged that RBee overbilled by 504,336 tonnes of aggregate, citing batch records and a survey by AFDE. However, RMC did not use the contractual verification process during the supply period and only raised the claim after the final invoices were issued.
- Court’s Findings:
- The unpaid invoices were found to be valid and enforceable. RMC had failed to verify the delivered quantities within the contractual 60-day period, and the court ruled that RBee was entitled to payment based on the invoices issued.
- RMC’s set-off claim was rejected due to insufficient evidence, questionable methodology in its batch records, and failure to follow contract terms.
- Outcome: The court directed RMC to pay the outstanding amount plus interest, dismissing RMC's set-off claim.
