Law360 Canada (January 4, 2021, 9:17 AM EST) -- Action by 956126 Alberta Ltd. (956) for damages in relation to the aborted sale of a gasoline station, convenience store, and liquor outlet collectively known as St. Brides Esso. The defendant Kim agreed to buy St. Brides Esso from 956 under a contract by which the purchase price was to be paid in instalments over 14 months. The purchaser took immediate possession, but legal title to the property remained with 956 while payments were being made. When he purchased the property, Kim knew it suffered from some hydrocarbon contamination. After assigning the contract to his company, the defendant JMS Alberta Co. Ltd, and taking possession of the property, Kim and JMS embarked on a remediation program and discovered that the contamination was more extensive than anticipated. JMS made the instalment payments, except for the final payment. Title to the property did not transfer. JMS returned the property to 956 pursuant to a court order made without prejudice to the parties’ respective positions. JMS took the position that 956 and Doh, the sole director and owner of 956, deceived JMS, through Kim, into buying the business by concealing material facts, including the extent of the environmental contamination. JMS took the position that the purchase agreement should be rescinded and damages awarded to it for deceit or unjust enrichment....