Appellant
Respondent
Background:
The appellant, 1104318 B.C. Ltd., owned by Dr. Danny Shum, appealed the dismissal of its claims against the respondents, Dr. Paul Wittenberg, Inc. and Dr. Paul Wittenberg. The dispute arose from the 2017 purchase of a dental practice for $870,000. Dr. Shum alleged fraudulent misrepresentation and breach of contract, claiming Dr. Wittenberg misrepresented the practice's revenue-generating capacity.
Legal Issues:
The appeal focused on two issues:
The appellant argued that newly discovered evidence from a former receptionist regarding potential invoice forgery warranted re-opening the case. The trial judge dismissed this application, citing concerns over the credibility of the new evidence and its likely limited impact. The judge also drew an adverse inference against the appellant due to the unexplained absence of key financial documents, concluding it prejudiced the respondents' defense.
Outcome:
The Court of Appeal dismissed the appeal, finding no reviewable errors in the trial judge's discretionary decisions. The appellant failed to prove fraudulent misrepresentation or breach of contract.
Costs/Award:
The judgment did not specify the total costs or any monetary award granted to the successful party.
Court
Court of Appeals for British ColumbiaCase Number
CA49383Practice Area
Corporate & commercial lawAmount
Winner
RespondentTrial Start Date
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