Background:
Yegre EB Ltd. alleged that Seguin and his companies misrepresented the condition of a Delta, BC property, claiming it had fully operational freezer and cooler facilities that would increase rental income. Yegre EB Ltd. relied on these representations in agreeing to the purchase. When rental negotiations with the property’s tenants later revealed the facilities were not as described, Yegre EB Ltd. sought damages for what it claimed were fraudulent and negligent misrepresentations.

Key Legal Issues:
The central issue was the forum selection clause in the purchase agreement, which specified Alberta jurisdiction for matters arising from the agreement. The lower court had granted Seguin’s request for a stay of proceedings in British Columbia, interpreting the clause as conferring exclusive jurisdiction to Alberta courts. Yegre EB Ltd. argued that the clause was non-exclusive, allowing cases in other jurisdictions.

Decision:
The appellate court found that the clause did not clearly grant exclusive jurisdiction to Alberta. It reversed the stay, allowing Yegre EB Ltd. to proceed with its case in British Columbia. The court also dismissed Seguin’s argument that Alberta was the more appropriate forum.

Award and Costs:
The appeal was allowed in favor of Yegre EB Ltd., with no specific costs or monetary awards outlined in the decision.