Khaira v 102007987 Saskatchewan Ltd.
Amritpal Singh Khaira
Ranbir Singh Khaira
M2 Construction and Development Ltd.
102007987 Saskatchewan Ltd.
Law Firm / Organization
KMP Law
Lawyer(s)

Adam Ailsby

Newpreet Singh Johal
Law Firm / Organization
KMP Law
Lawyer(s)

Adam Ailsby

Anterpreet Singh Johal
Law Firm / Organization
KMP Law
Lawyer(s)

Adam Ailsby

Overview:
The case involved a contractual dispute over a settlement agreement between Amritpal Singh Khaira, Ranbir Singh Khaira, and M2 Construction and Development Ltd. (collectively, the M2 Parties) and 102007987 Saskatchewan Ltd., Newpreet Singh Johal, and Anterpreet Singh Johal (collectively, the SaskCo Parties). The relationship between the parties soured after entering a business separation agreement in 2019.

Legal Issues and Court Rulings:

  1. Summary Judgment: The court found summary judgment appropriate, as there was no genuine issue requiring trial.
  2. Agreement Formation: The court ruled no legally enforceable agreement was formed in October 2018, as there was insufficient evidence of intent to create binding legal relations, and the final agreement was executed in September 2019.
  3. Breach of Confidentiality and Non-Disparagement: The court held there was no repudiatory breach of these provisions. Even if breaches occurred, they were non-material and predated the settlement agreement’s execution.
  4. Joint and Several Liability: The court corrected the Chambers judge's error in holding Amritpal Singh Khaira and Ranbir Singh Khaira personally liable. Only M2 Construction was found liable for the debt.

Costs and Awards:
SaskCo was awarded $512,124.86 (after adjustments) and solicitor-client costs against M2 Construction. The M2 Parties’ counterclaim for breach of confidentiality and non-disparagement provisions was dismissed due to insufficient evidence. Appeals on all grounds were dismissed except the liability correction. Costs of the appeal were awarded to SaskCo, payable by M2 Construction.

Court of Appeal for Saskatchewan
CACV4176
Corporate & commercial law
$ 512,125
Respondent