What is the effect of a court finding that a fuel supplier’s unilateral increase in the price of fuel is a fundamental breach of contract?
Manitoba, Canada
The following excerpt is from Northland Petroleum v. Brokenhead Ojibiway Nation, 2019 MBQB 31 (CanLII):
The defendant relies upon the judgment of Duvall, J in Prairie Petroleum Products v. Husky Oil Ltd. and Day et al [2006] MBQB 92. In that case Duvall, J found that a fuel supplier’s unilateral increase in price of fuel was a fundamental breach of contract. That decision is clearly distinguishable in that Duvall, J made that finding after hearing evidence in a lengthy trial and after hearing expert evidence that she accepted.
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