joint venture

The owner and operator of a casino resort (“River Cree”) agreed with the owner of ATMs (“Access Cash”) which, in turn, had access to the Interac payment network of a network operator, that it would make various locations on its resort available for the siting of Access’ ATMS, load those ATMs with its own cash (for the later reporting periods at issue) or with money borrowed by it from Access Cash (for the earlier periods) and provide the utilities, security, routine maintenance and customer support nece

The appellant (“MC”) entered into 10 agreements each entitled “Joint Venture Agreement” (JVA) with corporations with which it did not deal at arm’s length (“Owners”) in which it agreed to provide property management services respecting one or more rental properties of each Owner. The JVAs gave MC the right to negotiate leases and permit occupancy, which it did, and provided that most significant decisions were to be made unanimously by a “Joint Venture Management Committee (JVMC)” comprised of a representative of each of MC and the Owner.

A terminated sales agent claimed that he was engaged in a joint venture with the company whose products he had been distributing, so that he had a proprietary interest in the territory covered by him for which he was entitled to compensation. In rejecting this claim, Beames J stated (at paras. 30-31):

Williston on Contracts, as quoted in Canlan Investments Corp. v. Gettling (July 18, 1996), Doc. Vancouver C954829 (B.C.S.C.) at para 59, defines the term "joint venture" as follows:

In order that the appellant (“Westcan”) could be assisted in building a malting plant near the Village of Alix, Alberta, the Village received federal and provincial grant money of $3.1 million and agreed with Westcan to pay the grant money to Westcan after Westcan had constructed the effluent facilities for the Village (which, in form, would be responsible for running them.)

In finding that an arrangement styled as a real estate joint venture was not a partnership, and instead was a joint venture that "was a voluntary grouping having no separate legal existence apart from its members" Stone J.A. stated "that a 'joint venture' per se may differ from a 'partnership' has been recognized by the Canadian Courts, and that neither is a legal entity is also plain."