The Canadian Abridgment eDigests -- TortsShare Purchase Agreement (Spa) • September 20th, 2021
Contract Type FiledSeptember 20th, 2021In underlying transaction, plaintiff acquired shares of operating company -- Share purchase agreement (SPA) documented share acquisition -- Parties to SPA were defendant vendor company, plaintiff, and operating company -- Operating company held assets that plaintiff was targeting -- Assets of operating company included wells, pipelines and facilities in various producing oil fields -- Assets specific to action involved number of oil fields in central Alberta -- Plaintiff alleged that defendants misled and deceived it in context of SPA -- Plaintiff brought action for damages -- Damages awarded in aggregate amount of $184,570,200 -- Conspiracy claim advanced by plaintiff failed -- Given circumstances and lack of clear evidence, plaintiff had failed to prove, on balance of probabilities, that there was conspiracy between defendant vendor company and defendant US company, its ultimate corporate parent -- It was not enough to say that defendant US company participated in conspiracy because