Plaintiff
Defendant
Background:
The case involved Lyle Theodore Odelein suing Odelein Farms Ltd., a family-operated farming corporation, to recover $2,182,322 he claimed as unpaid shareholder loans. The farming business had been established as a multi-generational family operation with contributions from all shareholders.
Legal Issues:
Debt or Gift: Whether Lyle's contributions of land, equipment, and money were gifts or repayable debts.
Promissory Estoppel: Whether Lyle’s assurances that he did not expect repayment prevented his claim.
Waiver: Whether Lyle waived his right to repayment.
Repayment Terms: Whether repayment was governed by a demand loan structure or an agreement among shareholders.
Limitations Act: Whether Lyle’s claim was barred by time limitations.
Court Findings:
Contributions at incorporation were deemed debts but Lyle was estopped and had waived his right to repayment.
Contributions after incorporation were found to be gifts, not debts.
No agreement governed repayment of shareholder loans, but promissory estoppel and waiver applied.
Outcome:
The court dismissed Lyle’s claim and his summary judgment application. Lyle was found not entitled to any repayment of his shareholder loan account.
Costs:
The court awarded costs to Odelein Farms Ltd. under column 2 of the fee schedule. The specific monetary amount was not detailed in the document.
Court
Court of King's Bench for SaskatchewanCase Number
QBG-SA-00367-2015Practice Area
Corporate & commercial lawAmount
Winner
DefendantTrial Start Date
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