1104318 B.C. Ltd. v. Dr. Paul Wittenberg, Inc.
1104318 B.C. Ltd
Law Firm / Organization
Lawson Lundell LLP
Dr. Paul Wittenberg, Inc.
Dr. Paul Wittenberg

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:

  1. Whether the trial judge erred in dismissing the appellant's application to re-open the case to allow new witness testimony.
  2. Whether the judge wrongly drew an adverse inference against the appellant for failing to produce certain documents.

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 of Appeals for British Columbia
CA49383
Corporate & commercial law
Respondent