IN CONTRACT - Breach of contract - Type of contract - Sale of land

Law360 Canada ( September 10, 2025, 1:58 PM EDT) -- Appeal by Canadian Pacific Railway Company (CPR) and Alberta against trial judge’s decision; cross-appeal by Remington Development Corporation (Remington) for punitive damages. Remington entered into three agreements to purchase contiguous parcels of land from the appellant Canadian Pacific Railway Company (CPR). Two of the transactions completed. The third did not. CPR sold the land instead to Alberta on different terms. The trial judge determined that CPR breached the terms of its agreement with Remington by not proceeding with the sale of the third parcel of land. She further determined that Alberta induced that breach. Having applied a lost profits analysis, she held CPR and Alberta jointly and severally liable to Remington for damages. On appeal, CPR argued that the trial judge erred by interpreting the Tenth Avenue agreement without considering Lot 4, and that she improperly implied terms, because she applied too low a standard. It further argued that the interpretation adopted by the trial judge resulted in commercial absurdities. Remington submitted the trial judge accepted the interpretation advocated for by CPR at trial, that both a surplus determination and a subdivision approval were required, but simply found as a fact that both conditions were met....
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