Curry v Athabasca Resources Inc.
Christopher Curry
Law Firm / Organization
MLT Aikins LLP
Athabasca Resources Inc.
Law Firm / Organization
McKercher LLP
CSIT Consulting Inc.
Law Firm / Organization
McKercher LLP
Ruby Energy Inc.
Law Firm / Organization
McKercher LLP

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:

  1. Whether the parties formed a new contract incorporating the GORR term proposed by Curry in January 2006.
  2. Whether the respondents were unjustly enriched by Curry's expanded geological consulting work without additional compensation.
  3. Whether the earlier agreement or other factors provided a juristic reason for the alleged enrichment.

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 of Appeal for Saskatchewan
CACV4092
Corporate & commercial law
Appellant