Background:
Aecon Mining Construction Services, a division of Aecon Construction Group Inc., entered into contracts with K+S Potash Canada GP (KSPC) for the design and construction of a potash mine in Saskatchewan. Disputes arose over delays and cost overruns. Aecon sought over $180 million for unpaid amounts, while KSPC counterclaimed for damages due to alleged deficiencies in Aecon's work. Aecon applied to amend its statement of claim to add K+S AG, KSPC’s German parent company, as a party, alleging civil conspiracy and inducing breach of contract.

Court of King’s Bench Decision:
The Chambers judge partially granted Aecon's application, permitting claims for inducing breach of contract and certain conspiracy allegations but disallowing amendments related to misrepresentations made to the public and capital markets. The judge found these allegations irrelevant to Aecon’s claims, as they were not directed at Aecon.

Appeal to the Saskatchewan Court of Appeal:
The Court of Appeal dismissed Aecon’s appeal. It upheld the Chambers judge’s finding that allegations of misrepresentation to public markets could not form the basis of a civil conspiracy claim, as they were not aimed at causing harm to Aecon. The court also rejected Aecon’s arguments that the amendments provided necessary background or described a course of conduct.

Costs:
The respondents, KSPC and K+S AG, were awarded costs for the appeal and the leave application. Financial terms were not specified.

Disposition:
Appeal dismissed; no amendments allowed regarding public misrepresentation claims.