Appellant
Respondent
Background:
Christopher Curry, a professional geologist, provided consulting services to Athabasca Resources Inc., CSIT Consulting Inc., and Ruby Energy Inc., whose principal was Danyuan Zhou. Initially, Curry was paid $60/hour for a specific project. Later, Curry claimed he was promised $60/hour plus a 1% gross overriding royalty (GORR) on revenues from projects he supported. The relationship ended after a compensation dispute.
Legal Issues:
Court’s Decision:
The Saskatchewan Court of Appeal reversed the lower court's dismissal of Curry’s claims. It ruled no new contract was formed as there was no unequivocal acceptance of the GORR term. However, it found the earlier contractual arrangement insufficient to constitute a juristic reason for the respondents’ enrichment. The court allowed Curry’s appeal on unjust enrichment grounds and remitted the case to the Court of King’s Bench for further analysis on restitution and the statute of limitations defense.
Outcome:
Curry was awarded costs for the appeal, to be calculated in the usual manner. No specific monetary award was decided at this stage, as further proceedings were required to assess restitution.
Court
Court of Appeal for SaskatchewanCase Number
CACV4092Practice Area
Corporate & commercial lawAmount
Winner
AppellantTrial Start Date
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