All Communications Network of Canada v Planet Energy Corp 2023 ONCA 319 - 08 May 2023
Country
Year
2023
Summary
This is an appeal of an order upholding an arbitral award in favour of the respondent, All Communications Network of Canada, Co. ("ACN"), in the amount of $29,259,787 plus interest.
The appellants, Planet Energy Corp., Planet Energy (Ontario) Corp. and Planet Energy (B.C.) Corp. (together "Planet"), provide fixed-price electricity and natural gas to residential customers in Canada and the U.S.
The respondent, ACN is a marketing business that has contracts with thousands of Canadian independent business owners who earn commissions by referring customers to ACN or its third-party providers, including Planet.
Planet and ACN entered into the Amended, Restated and Assigned Sales Agency Agreement (the "Agreement") on November 9, 2012.
Planet agreed to pay gross margin commission payments to ACN for every customer who successfully registered for Planet's products and services.
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