Odelein v Odelein Farms
Lyle Theodore Odelein
Law Firm / Organization
McDougall Gauley LLP
Odelein Farms Ltd.
Law Firm / Organization
MLT Aikins LLP

Case Overview:
Lyle Odelein sought repayment of his shareholder loan account totaling over $2.18 million. The dispute revolved around contributions made to the corporation, including land, equipment, and money, and whether they constituted gifts or repayable debts.

Legal Issues:
The court addressed five key issues:

  1. Whether contributions were gifts or debts.
  2. Whether promissory estoppel barred Lyle from recovering repayment.
  3. Whether Lyle waived his repayment rights.
  4. Whether repayment required agreed terms or constituted a demand loan.
  5. Whether the claim was barred by limitation periods.

Court Findings:

  • Contributions made during incorporation were found to be debts based on written agreements, but Lyle was estopped and waived his right to repayment.
  • Post-incorporation contributions were ruled as gifts due to Lyle’s assurances and the absence of repayment expectation.
  • The court did not address the limitation period, given the findings on estoppel and waiver.

Judgment and Costs:
The court dismissed Lyle Odelein's claim and his summary judgment application. Odelein Farms Ltd. was awarded costs of the action under Column 2 of the Tariff of Costs.

Total Costs:
The specific monetary costs were not detailed in the judgment, but they adhered to the prescribed Column 2 of the Saskatchewan Tariff of Costs.

Court of King's Bench for Saskatchewan
QBG-SA-00367-2015
Corporate & commercial law
Defendant