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COMM 393 (60)

Case Brief – BKDK Holdings Ltd. V. 692831 B.C. Ltd.docx

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COMM 393
Patricia Mallia

BKDKHoldingsLtdV692831BCLtd2010InterpretationFactsParties seek a ruling with respect to the proper interpretation of Clause 2 of an Agreement dated February 28 2008 In the agreement the petitioner BKDK Holdings Ltd agreed to sell and respondent 692831 BC Ltd agreed to purchase a number of shares in a company called Meridian Travel Ltd Clause 2 states that BKDK and 692831 acknowledgeagree that Teck Cominco has its corporate travel business out for tender in an RFP process and in the event that 692831 is unable to successfully win the RFP BKDK agrees to reduce the purchase price by 70000 Turns out that Teck wasnt engaged in an RFP process made internal decision to move its corporate travel business to competitor Amex TravelMeridian lost substantially all business done for Tech retained 3 BKDK argues that Clause 2 only operates on occurrence of precise events set out in the clause ie Meridian would have had to have lost 100 of business for 692831 to be entitled to reductionlooks at plain meaning of the words 692831 takes more functional approach and argues that Clause 2 read
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