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COMM 393 (60)

Case Brief - Pemberton Benchlands Housing Corp. v. Sabre Transport Ltd. – AGENCY.docx

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COMM 393
Patricia Mallia

Pemberton Benchlands Housing Corp v Sabre Transport LtdAGENCY Facts Serge Cote was president of real estate development company Glacier He worked with business partner Eric Prall Art en Duyf was president of Sabre company that performed civil engineering work Dave Paterson is employee of Sabre works as its construction superintendent Glacier entered into join venture with Sabre to acquire and develop lands new formed companyPBH Dispute arose bout amount that was to be paid by PBH to Sabre for construction work PBH commenced action seeking declaration that the contract was for a fixed price Issues1 Are the written terms of the contract contained in Document 345 in its entirety that is the CCDC2 form setting out the detailed terms of the contract stipulated price of 2859765 2 Are the written terms of the contract contained exclusively in the Tabulation that forms the last 20 pages of Document 345 Decisions1 No 2 No Reason1 Mr Cote had no clue if Art Den Duyf signed the form it was never used as a contractused for that purpose the CCDC2 form was never
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