Law360 Canada ( September 1, 2016, 8:00 PM EDT) -- Appeal by the defendant, Aujla, from a finding of contractual liability. The plaintiff 0909043 BC Ltd owned commercial property in Chilliwack and the defendant Snowland Sporting Goods (Snowland) owned a hotel property in Williams Lake. Aujla had an ownership interest in the Williams Lake property through a holding company. The parties entered into two written contracts to contemporaneously swap ownership of the properties through share transfers and purchases. A term in each contract provided for payment of $500,000 in the event of default. The plaintiff Badesha claimed that he was willing and able to complete, but that Aujla failed to proceed. Aujla took the position the agreements were unenforceable and that the $500,000 provision was an impermissible penalty clause. The trial judge found that the agreements were sufficiently certain as to their terms, and that the $500,000 clause was not disproportionate to the damages recoverable for Aujla’s breach. The plaintiffs were awarded damages of $1 million based on the default provisions in each contract. Aujla appealed....