Bennett Jones
ALM’s Litigation Daily covers Dow Canada being awarded $1.3 billion in a judgment against NOVA Chemicals. The decision was issued by the Court of Queen’s Bench of Alberta. Bennett Jones represented Dow with Blair Yorke-Slader as lead trial counsel.
Dow’s claim against NOVA was for conversion and breaches of contract arising out of the parties’ co-ownership of an ethylene faculty in Alberta. Blair says that since 2001, Nova “had been running the plant only hard enough to meet its own needs, and had been taking part of Dow’s share of product for itself besides.”
In her ruling, Justice Barbara Romaine found that NOVA created a scheme "to deceive and mislead Dow…to satisfy its own requirements and a strategic plan to control a competitor.”