Bad Ass Coffee Company of Hawaii Inc v Bad Ass Enterprises Inc, 2008 ABQB 404
[1] Bad Ass Hawaii (Hawaii) operates a franchise operation for the distribution and sale to retail stores of Bad Ass coffee products. Bad Ass Enterprises Inc. (“Enterprises”) and Attitude Coffee Corporation (“Attitude”) are companies incorporated under the Canadian Business Corporations Act. Ron Plucer is a resident of Alberta and is a director of Attitude and Enterprises. The parties entered into various agreements in 1999 and 2000 which form the subject matter of the dispute between them. The first was a franchise agreement dated February 16, 2000 which had a guarantee of Ron Plucer attached. The second was a franchise agreement dated December 29, 2000 which also attached a guarantee of Ron Plucer. Finally, there was a multi-unit development agreement (MUDA) dated December 16, 2002 again attaching a guarantee of Ron Plucer. Disputes arose between the parties. Hawaii made a demand for arbitration in Utah and then filed a petition to compel arbitration in Utah on August 11, 2004. On August 31, 2004, Attitude and Enterprises filed a claim in the Court of Queen’s Bench of Alberta in Calgary against Hawaii. That claim also dealt with disputes which had arisen between the parties. The arbitration proceeded in Utah. The arbitrator awarded damages to Hawaii. Hawaii registered that award in the Utah district court subsequent to which Hawaii filed a Statement of Claim in this action seeking to enforce the award. An application was made before the Master for summary judgment by Hawaii against all three defendants. The application for summary judgment was granted. This is an appeal from that decision.