Federated Co-operatives (“Federated Co-op”) appealed a partial Summary Judgment in favour of the Respondent Calgary Co-operative (“Calgary Co-op”). Calgary Co-op applied, pursuant to Rule 7.3, for Summary Judgment, claiming that Federated Co-op’s new loyalty program was unfairly prejudicial to, and unfairly disregarded, its interests. In the result, the Chambers Judge awarded Calgary Co-op $35,351,440.12.

After considering the Chamber Judge’s decision, including the Chamber Judge’s application of the Summary Judgment test, the Chamber Judge’s analysis of Calgary Co-op’s reasonable expectations, and the Chamber Judge’s application of the business judgment rule, Antonio J.A., for the majority, dismissed the Appeal. Conversely, Slatter J.A., dissenting, would have allowed the Appeal on the basis that Calgary Co-op did not meet the burden of proving oppression on a balance of probabilities.