Quinlan Brothers Limited v. Coady

In Contracts, Fish Cases on (Updated )

This case involved a somewhat convoluted fact situation involving three related agreements to sell a fish boat and two fishing licences. After the agreement to sell the fish boat was partially frustrated by a moratorium on cod fishing, both parties walked away from a partially completed contract to sell one of the fishing licences. Several years later after the purchaser sold the licence, the original vendor sued the purchaser. In finding for the original purchaser the trial judge found that the contract had been abandoned. Upon appeal, the appeal court applied Jedfro Investments (U.S.A.) Limited v. Jacyk, 2007 SCC 55 decision to hold that the agreement had not been abandoned. It did so on the basis that there had been no new agreement to abandon the old agreement. The Court ruled that the trial court had erred in implying such an agreement.