Coquihalla Motor Inn Ltd. (CMIL) claimed damages of $68,662.07 for non-delivery of custom-made furniture from Very Jazzroo Enterprises Incorporated (VJEI), as per sections 31 and 54 of the Sale of Goods Act (SGA).
VJEI countered, claiming damages against CMIL and Mr. Sekhon (third party) under sections 41, 52, and 53 of the SGA, amounting to $854,216.84, for failing to take delivery and for additional costs incurred.
Issue:
The main issue was the standing of CMIL to seek relief as the "buyer" and whether VJEI wrongfully neglected or refused to deliver the goods as per the contract terms.
Court's Ruling:
The court dismissed CMIL's claim for non-delivery, concluding CMIL did not have standing as the buyer under the contract and had not established that VJEI wrongfully neglected or refused to deliver the goods.
The court also dismissed VJEI's counterclaim and third-party claim, finding no evidence that VJEI had the right under the contract to refuse to release or deliver the case goods without prior payment of the Asia Freight.
All claims in the action were dismissed.
Costs/Damages Awarded:
None of the parties succeeded in their respective claims, and the court inclined to order that they all bear their own costs. If any party wished to have a different order made as to costs, they were allowed to file a requisition within the next 30 days for another hearing.
