Karl v Dion Resources Inc.
Bryce Karl
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Lawyer(s)

Gulu Punia

Dion Resources Inc.
Law Firm / Organization
Blake, Cassels & Graydon LLP
102001392 Saskatchewan Ltd.
Law Firm / Organization
Unrepresented

Background and Context:
The appeal arose from a dispute involving Bryce Karl, president of Echo Refinery, and Dion Resources Inc., a shareholder of Echo Refinery. The case revolved around allegations of breach of a settlement agreement reached during mediation over the sale of Echo Refinery's assets and related claims of corporate mismanagement.

Legal Issues:
The key issues were:

  1. Whether a binding settlement was reached at mediation.
  2. If Mr. Karl was personally liable for the $1,650,000 settlement amount.
  3. Whether claims from related investors were covered by the settlement.

Court Findings:

  • The Chambers judge had presumed Mr. Karl’s personal liability due to his participation in mediation, despite no explicit discussion of such liability. This was deemed a legal error.
  • It was determined there were genuine issues requiring a trial, particularly regarding the settlement’s terms and who was responsible for the payment.
  • The alleged settlement did not include claims from related investors, as Mr. Karl had not communicated such intentions.

Disposition and Costs:
The Court of Appeal for Saskatchewan overturned the Chambers judge’s decision, allowing the appeal and remitting the matter for trial. Mr. Karl was awarded costs of the appeal, with the amount to be assessed in the usual manner.

Court of Appeal for Saskatchewan
CACV4303
Corporate & commercial law
Appellant