Tag Archives: Canada

Case of the Day: Nicholas v. Environmental Systems

The case of the day is Nicholas v. Environmental Systems (International) Ltd. (Tex. Ct. App. 2016). In a Canadian copyright infringement lawsuit brought by Frederick Nicholas against Environmental Systems, Brian G. Cook, Reif Winery Inc., Klaus Reif, and Re/Defining Water Inc., the court awarded costs and attorney’s fees to the defendants. Environmental Systems and the other defendants in the Canadian action then sought recognition and enforcement of the Canadian judgment in Texas.

Nicholas argued that the Canadian judgment was not properly authenticated. The Texas court held a trial and entered a judgment recognizing the Canadian judgment, and Nicholas appealed.
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Case of the Day: Silver Star Alpine Meadows v. Quinlan

The case of the day is Silver Star Alpine Meadows Development, Ltd. v. Quinlan (Cal. Ct. App. 2016). Lora and Stephen Quinlan had a contract to purchase lots in an undeveloped subdivision in a British Columbia ski resort. They refused to close, believing the seller, Silver Star, had changed the topography of the lots in a way that would disadvantage them. Silver Star sued in a British Columbia court. The court held that Silver Star had performed, that the Quinlans had breached their obligation, and that Silver Star had sought to mitigate its damages. Judgment was for more than $1.1 million (CDN), because in the relevant time period the value of the lots had declined precipitously. Silver Star sought recognition and enforcement of the judgment in California. The Quinlans counterclaimed for fraud and argued, in defense, that the contract had a liquidated damages provision that the British Columbia court should have applied. They claimed that the Canadian court’s mistake meant that it would be contrary to public policy to recognize the judgment.
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One Last Post On The Lago Agrio Canadian Proceedings (For Now)

With apologies to those of you who are not Chevronologists and who just want to read a good ol’ fashioned § 1782 case, I’d like to say just a bit more about the corporate separateness issue, in light of the LAPs’ brief, which became available to me just recently. The LAPs do want to get at Chevron Canada’s assets, and I think that nothing in their brief really changes the views I expressed on that point in my prior post.
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