What is the effect of a Power Purchase Agreement on a Possessory Interest Agreement?
British Columbia, Canada
The following excerpt is from Powell River Energy Inc. v. British Columbia (Minister of Small Business and Revenue), 2015 BCCA 372 (CanLII):
In summarizing his conclusion, the chambers judge stated, with reference to Sussex Square Apartments Limited v. Canada, [1999] 2 C.T.C. 2143 (T.C.C.), aff’d 2000 CanLII 16119 (FCA), [2000] 4 C.T.C. 203 (F.C.A.), that “the legal relationships and structures created by the [Power Purchase Agreement], the [Possessory Interest Agreements] and the related agreements are ‘valid, binding and real’ and there is no basis for the court not to give effect to them”: para. 88. Grounds of Appeal
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